Estanislao S. Mapoy v. William Carroll, District Director, United States Department of Justice, Immigration and Naturalization Service

Vacated and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge MICHAEL and Senior Judge MICHAEL joined.

WILLIAMS, Circuit Judge:

This case is on appeal from the district court’s grant of a preliminary injunction staying Estanislao Mapoy’s deportation and its accompanying order of Mapoy’s release from INS custody. We do not reach the merits of the district court’s decision because we conclude that § 242(g) of the Immigration and Nationality Act (INA), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), divested the district…