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NGUYEN v. HOLDER

No. 146

24 N.Y.3d 1017 (2014)

21 N.E.3d 1023

997 N.Y.S.2d 362

2014 NY Slip Op 07290

HUYEN V. NGUYEN, Petitioner, v. ERIC H. HOLDER, JR., United States Attorney General, Respondent.

Court of Appeals of New York.

Decided October 28, 2014.

Attorney(s) appearing for the Case

Michael E. Marszalkowski, P.C., Buffalo (Michael E. Marszalkowski of counsel), for petitioner.

United States Department of Justice, Office of Immigration Litigation, Washington, D.C. (Michael C. Heyse, Stuart F. Delery and Mary Jane Candaux of counsel), for respondent.

Concur: Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and RIVERA. Judge SMITH concurs in an opinion in which Chief Judge LIPPMAN and Judge RIVERA concur. Judge GRAFFEO concurs in an opinion in which Judges READ and PIGOTT concur. Taking no part: Judge ABDUS-SALAAM.

OPINION OF THE COURT

Following certification of a question by the United States Court of Appeals for the Second Circuit and acceptance of the question by this Court pursuant to section 500.27 of the Rules of Practice of the Court of Appeals (22 NYCRR 500.27) (22 N.Y.3d 1150 [2014]), and after hearing argument by counsel for the parties and consideration of the briefs and the record submitted, certified question answered in the...

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