· 5/15/2013
Wager v. Pelham Union Free School District
Citations
- 108 A.D.3d 84
- 966 N.Y.S.2d 126
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that multiple convictions for driving under the influence will likely result in a discretionary denial in part because such conduct reflects a “disregard for the safety of others”
- finding that aliens with multiple DUI convictions are likely undeserving of discretionary relief due to the “reckless and dangerous nature of the crime of DUI”
- noting that “drunk and other forms of impaired driving are unacceptable conduct that imposes intolerable harms on society”
- explaining that “[a]n alien’s criminal record—including its ‘nature, recency, and seriousness’—is a key factor” in assessing discretion (quoting Matter of C-V-T-, 22 I&N Dec. at 11)
- stating that “an alien with multiple DUI convictions would likely be denied cancellation of removal as a purely discretionary matter” because “[m]ultiple DUI convictions are a serious blemish on a person’s record and reflect disregard for the safety of others and for the law”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dillon
Read full opinion on CourtListenerSourced 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.