United States Eighth Circuit

In an action against Department of Homeland Security (DHS) officials seeking an order enjoining defendants from removing plaintiff and a writ of mandamus ordering defendants "to issue a Notice to Appear before an immigration judge," dismissal of the complaint is affirmed where: 1) the DHS's letter to plaintiff was a final administrative order of removal reviewable only in a court of appeals; and 2) at least in the absence of a legal or constitutional defect that could not be remedied by a direct petition for review, the order was final, and no court had jurisdiction over a claim to prevent execution of that order, either by collateral attack or by the imposition of further procedures.

Appellate Information

• Decided 03/01/2010
• Published 03/01/2010

Judges

Court

• United States Eighth Circuit

Counsel