United States Eighth Circuit

In an action seeking as writ of mandamus to compel the USCIS to grant petitioner's application for Temporary Protected Status, the case is dismissed where the court was without jurisdiction to hear petitioner's claim of removal as: 1) the BIA vacated its previous order of removal and remanded to the IJ for further proceedings; and 2) there was no final order of removal at this time.

Appellate Information

• Decided 04/03/2008
• Published 04/03/2008

Judges

• BYE, Circuit Judge., Before BYE, SMITH, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Herbert Igbanugo, argued, Minneapolis, MN (Katie A. DeGrio, on the brief), for petitioner.


• For Appellees:
  
• Andrew B. Insenga, argued, U.S. Department of Justice, Office of Immigration Litigation, Washington DC, for respondent.