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· 6/12/2015

OLIVIERI, BERNARD v. COLOSI, DDS, RUSSELL P.

Citations

  • 129 A.D.3d 1540
  • 11 N.Y.S.3d 758

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that a naturalization 11 petitioner can succeed on a due process claim where there was “deliberately indifferent to 12 whether his application was processed” and that he or she suffered prejudice
  • alleging deliberate indifference 16 where INS did not expedite application for derivative citizenship after learning minor child 17 was near cutoff age
  • overturning prior ruling that rational basis review applied even where the relevant statute governs who is and is not a citizen in light of Morales-Santana
  • distinguishing between issues involving citizenship and issues involving the admission of non-citizens
  • to show prejudice, petitioner must show the outcome of proceedings may have been affected by the alleged due process violation

Source: CourtListener parenthetical corpus (CC0).

Judges: Scudder, Centra, Peradotto, Lindley, Whalen

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.