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· 10/25/2023

Wells Fargo Bank, NA v. Villanueva

Citations

  • 220 A.D.3d 978
  • 198 N.Y.S.3d 578
  • 2023 NY Slip Op 05420

How courts have described this case

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

  • holding that alien “must be permitted to withdraw, unilaterally, a voluntary departure request before expiration of the departure period” (emphasis added)
  • holding that aliens must be permitted to unilaterally withdraw voluntary departure requests in order to pursue motions to reopen
  • holding that alien’s lack of a “protected liberty or property interest” in the relief sought—there, a discretionary waiver of deportation—was “a circumstance fatal to his due process claim”
  • concluding that 2 USCA4 Appeal: 23-1136 Doc: 53 Filed: 09/20/2024 Pg: 3 of 3 petitioner’s due process claim failed because he had no liberty or property interest in discretionary relief
  • holding that alien’s lack of a “protected liberty or property interest” in the relief he sought — a discretionary waiver of deportation — was “a circumstance fatal to his due process claim”
  • noting that Congress has permitted aliens who have departed the United States to seek judicial review, but not a motion to reopen

Source: CourtListener parenthetical corpus (CC0).

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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.