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· 6/18/1991

Sutton Realty Co. v. Higgins

Citations

  • 174 A.D.2d 483

How courts have described this case

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

  • holding that an in absentia hearing, rather than termination, is appropriate when an alien fails to appear because they have departed from the United States
  • stating that an Immigration Judge may terminate proceedings in “specific circumstances consistent with the law and applicable regulations”
  • stating that an Immigration Judge may terminate proceedings in “specific circumstances consistent with the law and applicable regulations”
  • “If the DHS meets its burden, the [i]mmigration [j]udge should issue an order of removal; if it cannot, the [i]mmigration [j]udge should terminate proceedings.”
  • “An alien does not need to be physically in the United States for the Immigration Judge to retain jurisdiction over pending proceedings and to conduct an in absentia hearing.”

Source: CourtListener parenthetical corpus (CC0).

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.