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SIMMONDS v. I.N.S.

Docket No. 02-2135.

326 F.3d 351 (2003)

Anthony SIMMONDS, a/k/a Anthony Simmons, Petitioner-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 21, 2003.

Attorney(s) appearing for the Case

Randolph Z. Volkell, Merrick, New York, for Appellant.

Kristen Chapman, Assistant United States Attorney, for Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York (Steven J. Kim, Varuni Nelson, Assistant United States Attorneys, of counsel), Brooklyn, New York, for Appellee.

Before: CALABRESI, POOLER, and SOTOMAYOR, Circuit Judges.

CALABRESI, Circuit Judge.

Anthony Simmonds, a prisoner serving an indeterminate life sentence in the State of New York, filed a habeas corpus petition in the United States District Court for the Eastern District of New York (Ross, J.) seeking to overturn an order that he be deported for his drug and weapon possession convictions. The INS obtained the disputed removal order as a result of proceedings held after Simmonds had begun serving his state sentence....

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