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JENKINS v. I.N.S.

Docket No. 94-4075.

32 F.3d 11 (1994)

Harry P. JENKINS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Second Circuit.

Decided July 12, 1994.

Attorney(s) appearing for the Case

Barbara M. Sims, Buffalo, NY, for petitioner.

Diogenes P. Kekatos, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty., S.D.N.Y., Steven M. Haber, Asst. U.S. Atty., of counsel), for respondent.

Before: WINTER and WALKER, Circuit Judges, and POLLACK, District Judge.

WALKER, Circuit Judge:

Petitioner Harry P. Jenkins moves for acknowledgment of an automatic stay of deportation pending a decision on his petition for review of a deportation order of the Immigration and Naturalization Service ("INS") or, in the alternative, for a discretionary stay. At issue on this motion is whether Jenkins's state conviction of a crime that is a felony under state law but a misdemeanor under federal law qualifies as a conviction of an "aggravated...

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