AUGUSTE v. ATTORNEY GENERAL

No. 95-5555.

118 F.3d 723 (1997)

Herve AUGUSTE, Plaintiff-Appellee, v. ATTORNEY GENERAL, United States, Janet Reno, Immigration & Naturalization Service, United States, District Director for the Immigration and Naturalization Service, Walter Cadman, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 1, 1997.


Attorney(s) appearing for the Case

Carl H. McIntyre, Jr., U.S. Dept. of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, Dawn Bowen, Assistant U.S. Attorney, Miami, FL, for Defendants-Appellants.

William J. Sanchez, Coral Gables, FL, for Plaintiff-Appellee.

Before TJOFLAT and EDMONDSON, Circuit Judges, and O'NEILL, Senior District Judge.


TJOFLAT, Circuit Judge:

The Attorney General of the United States appeals a decision from the Southern District of Florida granting habeas corpus relief to Herve Auguste, a French citizen ordered to be deported by the Immigration and Naturalization Service ("INS"). We vacate the judgment and remand the case with instructions that the district court dismiss Auguste's claim as moot.

I.

Under the Visa Waiver Pilot Program ("VWPP"), 8 U.S.C. § 1187...

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