Paul v. Immigration and Naturalization Service

Submitted: June 3, 2003 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 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 therefore treat petitioner's original motion before the district court as if it had been properly transferred to us and hold that petitioner made a valid petition for review of the final order of the BIA within the statutory time limit. Respondent Immigration and Naturalization Service (""INS"") is therefore ordered to respond to Paul's petition for review and to his pending motions for stay of removal and to proceed in forma pauperis. BACKGROUND