GRULLON v. ASHCROFT

Docket No. 04-0881-OP.

374 F.3d 137 (2004)

Franklin GRULLON, Petitioner-Appellant, v. John ASHCROFT, Edward Aguirre Jr., Edward J. McElroy, Christine G. Davis, Immigration and Naturalization Service, United States Department of Justice, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 30, 2004.


Attorney(s) appearing for the Case

Franklin Grullon, pro se, Oakdale, Louisiana.

Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York (Dione M. Enea, Assistant United States Attorney, of counsel), Brooklyn, New York, for appellees.

Before: SACK, SOTOMAYOR and WESLEY, Circuit Judges.


PER CURIAM.

Petitioner Franklin Grullon moves to dismiss these proceedings without prejudice. In October 2003, Grullon, who already had two 28 U.S.C. § 2241 petitions pending in the federal courts, filed a third § 2241 petition, challenging his conviction on the grounds that: (1) he was misled into pleading guilty; (2) his conviction was not final for deportation purposes because he is actually innocent; (3) even if he is deportable, he is entitled to apply...

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