Allan Nolan v. M. Frances Holmes, District Director Immigration and Naturalization Services, Buffalo, New York

KEARSE, Circuit Judge.

Petitioner Allan Nolan, an alien being held by the United States government for removal from the United States following his conviction of an aggravated felony, see 8 U.S.C. § 1227(a)(2)(A)(iii), appeals from a judgment of the United States District Court for the Western District of New York, Richard J. Arcara, Judge, dismissing his petition for habeas corpus on the ground that the Immigration and Naturalization Service (“INS”) Board of Immigration Appeals (“BIA” or “Board”) erred in refusing to terminate his deportation proceedings in order to permit him to apply,…