United States Second Circuit

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Galluzzo v. Holder, 08-6036

In a suit challenging an ICE order of removal, issued without a hearing, and the District Court's denial of an Italian national's I-485 application to adjust his immigration status, dismissal for lack of jurisdiction is reversed and remanded where, in the absence of evidence of a waiver, petitioner's due process rights were violated by his failure to receive a hearing.

Appellate Information

  • Decided 01/26/2011
  • Published 01/26/2011

Judges

Court

  • United States Second Circuit

Counsel