Gilberto Martinez-Vazquez v. Immigration and Natrualization Service John Ashcroft, Attorney General Robert S. Coleman, Jr.

We must decide whether former 8 U.S.C. § 1226 (e) — a statutory provision Congress largely repealed in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”)— authorizes the Immigration and Naturalization Service to continue detaining an inadmissible alien. We conclude that former § 1226(e) does not authorize the alien’s detention, so we affirm the district court’s grant of the alien’s petition for writ of habeas corpus.

I

Petitioner-appellee Gilberto Martinez-Vazquez (“Martinez”) is a Cuban citizen who arrived in the United States in 1980 as part of the “Mariel Boatlift.” He was paroled into the United States pursuant to 8 U.S.C. § 1182 (d)(5)(A), which authorizes the INS to parole inadmissible aliens at its discretion. See id. Between 1981 and 1992, Martinez was convicted of six felonies. In September 1992, Martinez escaped from custody while serving a six-year sentence for burglary and possession of cocaine. Because of Martinez’s feloiiy convictions, the INS revoked his parole and commenced removal proceedings. Martinez was apprehended three months later and was again arrested for possession of cocaine. Martinez was sentenced to five years…