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.marleny Agero, Petitioner-appellant, v. Edward Mcelroy, District Director, Immigration Andnaturalization Service, Respondent-appellee, 101 F.3d 1393 (2d Cir. 1996)

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

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

S.D.N.Y.

DISMISSED.

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

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.

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

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.