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ELKIMYA v. DEPARTMENT OF HOMELAND SEC.

No. 05-2984-ag.

484 F.3d 151 (2007)

Abdelaziz ELKIMYA, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Respondent.

United States Court of Appeals, Second Circuit.

Decided: April 12, 2007.

As Amended: April 16, 2007.

Attorney(s) appearing for the Case

Abdelaziz Elkimya, Perry County Correctional Center, Uniontown, AL, pro se.

Gail Y. Mitchell, Assistant United States Attorney (Terrance P. Flynn, United States Attorney for the Western District of New York), Buffalo, NY, for respondent.

Before FEINBERG, SOTOMAYOR and KATZMANN, Circuit Judges.

SOTOMAYOR, Circuit Judge.

Petitioner Abdelaziz Elkimya moves this Court for bail pending consideration of his petition for review of a decision of the Board of Immigration Appeals ("BIA") affirming Immigration Judge ("IJ") Philip J. Montante, Jr.'s order of removal. We raise and address, sua sponte, the question of whether we have inherent authority to admit to bail movants like Elkimya, who are seeking bail pending our consideration of their petition for review...

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