
    Andres ABREU, Petitioner-Appellee, v. John ASHCROFT, Attorney General of the United States, James W. Ziglar, Commissioner, Immigration and Naturalization Service, Edward McElroy, District Director, New York District, U.S. Immigration & Naturalization Service, and the Immigration and Naturalization Service, Respondents-Appellants.
    No. 99-2700.
    United States Court of Appeals, Second Circuit.
    June 22, 2004.
    No appearance for Appellee.
    Varuni Nelson, Assistant United States Attorney (Margaret M. Kolbe, Assistant United States Attorney, on the brief) for Roslynn R. Mauskopf, United States Attorney, Eastern District of New York, Brooklyn, New York, for Appellants.
    Present: Honorable JAMES L. OAKES, Honorable REENA RAGGI, Circuit Judges, and Honorable NAOMI REICE BUCHWALD, District Judge.
    
      
       The Honorable Naomi Reice Buchwald of the United States District Court for the Southern District of New York, sitting by designation.
    
   SUMMARY ORDER

The government appeals from a decision of the district court granting PetitionerAppellee Andres Abreu a writ of habeas corpus. The district court granted Abreu the writ based on the decisions in Maria v. McElroy, 68 F.Supp.2d 206 (E.D.N.Y. 1999), and Pottinger v. Reno, 51 F.Supp.2d 349 (E.D.N.Y.1999). We have since abrogated these decisions. Restrepo v. McElroy, 369 F.3d 627 (2d Cir.2004). Because Appellee Abreu has not entered an appearance before us, either pro se or represented by counsel, and the record on appeal (as supplemented by the government’s motion to supplement the record) does not reveal any arguable basis for habeas relief, the district court’s decision is REVERSED.  