Duvall v. Attorney General, ___ F.3d ___, 2006 WL 278861 (3d Cir. Feb. 7, 2006) (order granting habeas relief from an order of removal is vacated where a litigation error by the INS, resulting in an adverse determination on the issue of alienage during deportation proceedings, did not preclude the government from thereafter seeking to remove the alien based on subsequent criminal acts).
http://caselaw.lp.findlaw.com/data2/circs/3rd/044412p.pdf