document() on a node-set param variable?

Hello -

Is it possible to use the xslt document() function to
get the root node of a non-file - in this case a tree
passed in a as param?  I'm successfully passing in my
DOM Document tree as a param, but when I try to access
the root node with document(), I get an error
indicating it may think my param variable is a URL and
trying open a file on disk.

I would like to say something like
select="document($paramDocumentName)/Properties/Value"

Or is this even the right approach?

Thanks for your suggestions!  
- Holten 

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