Legal Opinion
Richard A. Paul v. Immigration and Naturalization Service
Court of Appeals for the Second Circuit
Decided October 9, 2003No. Docket 01-4027PublishedCited by 37 opinions
1Opinion of the Court
SOTOMAYOR, Circuit Judge.
Petitioner Richard A. Paul moves for a stay of deportation and to proceed in for-ma pauperis in connection with his petition for review of a decision of the Board of Immigration Appeals (“BIA”) finding him removable. Although petitioner’s mo tion to this Court was untimely, we hold that the district court abused its discretion under 28 U.S.C. § 1681 by not docketing and transferring to this Court petitioner’s original motion, which was filed with the district court within the statutory time limit and complied with all of the requirements of Fed. R.App. P. 15(a)(2). We…
2Cases cited9 opinions
- Miguel Dejesus Liriano v. United StatesCourt of Appeals for the Second Circuit · 1996
- David John Miller v. Margaret Hambrick, Warden of the Metropolitan Detention Center and William McCoy U.S. MarshallCourt of Appeals for the Ninth Circuit · 1990
- Sandia Malvoisin, Petitioner/respondent v. Immigration and Naturalization Service, Respondent/movantCourt of Appeals for the Second Circuit · 2001
- Thomas W. Hill v. U.S. Air ForceCourt of Appeals for the D.C. Circuit · 1986
- Kolek v. EngenCourt of Appeals for the Ninth Circuit · 1989
4 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Trujillo v. WilliamsCourt of Appeals for the Tenth Circuit · 2006
- Texas Peanut Farmers, Georgia Peanut Farmers, Alabama Peanut Farmers, South Carolina Peanut Farmers, and Florida Peanut Farmers v. United StatesCourt of Appeals for the Federal Circuit · 2005
- Ruiz v. MukaseyCourt of Appeals for the Second Circuit · 2009
- Gerald North v. Ubiquity, IncorporatedCourt of Appeals for the Seventh Circuit · 2023
- De Ping Wang v. The Department of Homeland Security, the Board of Immigration AppealsCourt of Appeals for the Second Circuit · 2007
32 more not listed; retrieve them via the Exa API.