In the Matter of Ali Reza Ghalamsiah. Appeal of District Director, Immigration and Naturalization Service

OPINION OF THE COURT

ROSENN, Circuit Judge.

Although appeals to this court in alien deportation cases are not infrequent, this case is unusual because the Government is the appellant. The appeal raises a narrow issue of considerable importance to the Government concerning the power of a district court under the Immigration and Nationality Act, 8 U.S.C. §§ 1101-1503, to release an alien on bail pending a motion to reopen the deportation proceedings and stay deportation. The district court stayed deportation and ordered the alien, Ali Reza Ghalamsiah, released from custody pending hearing on the…