United States Sixth Circuit
Mwasaru v. Napolitano, 08-2628
A Kenyan citizen's appeal of a district court's order dismissing her petition for a writ of mandamus, seeking a court order compelling U.S. Immigration and Customs Enforcement to transfer her file to an immigration judge to commence removal proceedings, review by the IJ of the denial of adjustment status, and the issuance of a diversity visa should the IJ approve her application, is dismissed for lack of jurisdiction as section 1154 rendered petitioner ineligible for a DV-2007 visa as of midnight on September 30, 2007, and therefore, she is likewise ineligible for adjustment of status under section 1255 because no visa is immediately available.
Appellate Information
- Argued 07/29/2010
- Decided 09/01/2010
- Published 09/01/2010
Judges
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Christopher J. Pooley, Derri T. Thomas