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FERNANDES v. McELROY

No. 243, Docket 96-2414.

138 F.3d 27 (1998)

Xavier FERNANDES, Petitioner-Appellee, v. Edward McELROY, Acting District Director, Immigration & Naturalization Service, New York Office; Immigration And Naturalization Service, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 17, 1998.

Attorney(s) appearing for the Case

Diogenes P. Kekatos, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty. for S.D. of New York, James A. O'Brien III, Special Asst. U.S. Atty., Steven M. Haber, Asst. U.S. Atty., on brief), for Respondents-Appellants.

Charles Grutman, New York City, for Petitioner-Appellee.

Before: MESKILL and JACOBS, Circuit Judges, and KORMAN, District Judge.

JACOBS, Circuit Judge:

The Immigration and Naturalization Service ("INS") appeals from a judgment of the United States District Court for the Southern District of New York (Preska, J.) granting Xavier Fernandes' petition for a writ of habeas corpus and vacating exclusion and deportation orders that the INS had entered against him. After the notice of appeal was filed, Congress enacted the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,...

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