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27 Jun 2022, 1:32 pm by Shaw Drake
In 1976, the Supreme Court decided in U.S. v Martinez-Fuerte that Border Patrol may operate checkpoints and stop vehicles, without a warrant, for brief questioning of their immigration status even if they have no particularized suspicion of unlawful activity or immigration status. [read post]
24 May 2022, 4:07 am by SHG
In a pair of decisions about a decade ago — Martinez v. [read post]
18 Nov 2021, 7:00 am by Amy Howe
Arteaga-Martinez (Jan. 11): Whether a non-citizen who is detained under 8 U.S.C. [read post]
15 Oct 2021, 4:30 am by Public Employment Law Press
Giving plaintiff 'the benefit of all favorable inferences which may be drawn from [the] pleading,' this Court determines only whether the alleged facts "fit within any cognizable legal theory' (Campaign for Fiscal Equity v State of New York, 86 NY2d 307, 318 [1995], quoting Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
15 Oct 2021, 4:30 am by Public Employment Law Press
Giving plaintiff 'the benefit of all favorable inferences which may be drawn from [the] pleading,' this Court determines only whether the alleged facts "fit within any cognizable legal theory' (Campaign for Fiscal Equity v State of New York, 86 NY2d 307, 318 [1995], quoting Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
19 Aug 2021, 4:00 am by Public Employment Law Press
The plaintiffs in three appeals from Supreme Court rulings decided on the same day by the Appellate Division, Caldara v County of Westchester, 2021 NY Slip Op 04693, [Caldara], Westchester County Corr. [read post]
19 Aug 2021, 4:00 am by Public Employment Law Press
The plaintiffs in three appeals from Supreme Court rulings decided on the same day by the Appellate Division, Caldara v County of Westchester, 2021 NY Slip Op 04693, [Caldara], Westchester County Corr. [read post]