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101 F3d 1393 Agero v. McElroy

101 F.3d 1393

Marleny AGERO, Petitioner-Appellant,
v.
Edward McELROY, District Director, Immigration and
Naturalization Service, Respondent-Appellee.

No. 95-2860, 96-2512.

United States Court of Appeals, Second Circuit.

July 25, 1996.

NOTICE: THIS SUMMARY ORDER MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY, BUT MAY BE CALLED TO THE ATTENTION OF THE COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA. SEE SECOND CIRCUIT RULE 0.23.

1

Appearing for Appellant: Robert D. Kolken, Sacks & Kolken, Buffalo, New York.

2

Appearing for Appellee: Diogenes P. Kekatos, Assistant United States Attorney, Southern District of New York, New York, New York.

3

S.D.N.Y.

4

DISMISSED.

5

Present WINTER and CABRANES, Circuit Judges, and MOTLEY, District Judge.*

6

This cause came to be heard on the transcript of record from the United States District Court for the Southern District of New York and was argued.

7

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the appeals from the District Court are hereby dismissed as moot.

8

We dismiss the appeal from the denial of the temporary restraining order and from the dismissal of the petition for a writ of habeas corpus as moot in light of appellant's deportation.

*

The Honorable Constance Baker Motley, United States District Judge for the Southern District of New York, sitting by designation