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13 Feb 2024, 3:50 am by Daniel M. Kowalski
Matter of Aguilar Hernandez gives us a taste of how courts will interpret INA provisions and regulations in a post Chevron world although it remains to be seen whether the end result will always be beneficial. [read post]
31 Jan 2024, 2:03 pm by Carl Shusterman
Sessions – Matter of Mendoza-Hernandez and Matter of Capula-Cortes (5-01-19) Karingithi v. [read post]
1 Jun 2023, 6:00 am by Public Employment Law Press
Citing Matter of Gomez v Hernandez, 50 AD3d 404, the Appellate Division opined "Even [well-qualified] candidates such as [Plaintiff] ... can be denied [appointment] provided appropriate discretion is used within the confines of the 'one-of-three' rule in Civil Service Law §61.* The court observed, "it is not arbitrary and capricious for an agency to provide no reason for an appointing official's exercise of discretion in declining to appoint… [read post]
1 Jun 2023, 6:00 am by Public Employment Law Press
Citing Matter of Gomez v Hernandez, 50 AD3d 404, the Appellate Division opined "Even [well-qualified] candidates such as [Plaintiff] ... can be denied [appointment] provided appropriate discretion is used within the confines of the 'one-of-three' rule in Civil Service Law §61.* The court observed, "it is not arbitrary and capricious for an agency to provide no reason for an appointing official's exercise of discretion in declining to appoint… [read post]
27 Apr 2023, 2:01 pm by qbaron
Front row, from left: Judge Virginia Hernandez Covington of the US District Court of the Middle District of Florida, Judge Raymond J. [read post]