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MALVOISIN v. I.N.S.

Docket No. 01-4001.

268 F.3d 74 (2001)

Sandia MALVOISIN, Petitioner/Respondent, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent/Movant.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: October 3, 2001.

Attorney(s) appearing for the Case

Ralph J. DiPietro, DiPietro & Peppard, Grand Neck, NY, for Petitioner/Respondent.

Megan L. Brackney, Assistant United States Attorney (Janet Reno, United States Attorney General, Mary Jo White, United States Attorney, Kathy S. Marks, Assistant United States Attorney, Gideon A. Schor, Assistant United States Attorney, Diogenes P. Kekatos, Assistant United States Attorney, and William Slattery, of counsel), New York, NY, for Respondent/Movant.

Before: WINTER, STRAUB, and POOLER, Circuit Judges.

WINTER, Circuit Judge:

Sandia Malvoisin, a citizen of Haiti, petitions for a review of a deportation order issued by an immigration judge and affirmed by the Board of Immigration Appeals ("BIA"). Malvoisin did not file her petition within the statutory deadline but argues that her failure to do so is excused because of extraordinary circumstances. The Immigration and Naturalization Service ("INS") has moved to dismiss her...

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