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PAUL v. I.N.S.

Docket No. 01-4027.

348 F.3d 43 (2003)

Richard A. PAUL, Petitioner-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 9, 2003.

Attorney(s) appearing for the Case

Richard A. Paul, pro se, Batavia, New York, for Petitioner Richard A. Paul.

Edward J. McElroy, Esq., and Kathy Marks, Esq., New York, New York, for Respondent Immigration and Naturalization Service.

Before: SACK and SOTOMAYOR, Circuit Judges, DANIELS, District Judge.

SOTOMAYOR, Circuit Judge.

Petitioner Richard A. Paul moves for a stay of deportation and to proceed in forma pauperis in connection with his petition for review of a decision of the Board of Immigration Appeals ("BIA") finding him removable. Although petitioner's motion to this Court was untimely, we hold that the district court abused its discretion under 28 U.S.C. § 1631 by not docketing and transferring to this...

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