Passim

Mandamus decisions / District of New Jersey

KONNEH v. BARR

District of New JerseyKevin McNultyDecided December 23, 2020No. 2:20-cv-18065

Read the decisionOriginal on CourtListener

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What the decision decided

Each value cites the passage it was read from. Values read by a model were checked against that passage; values read by rule come from fixed text patterns. Read the decision before relying on either.

Agency EOIR Read by a model
The petition raises four causes of action stemming from the BIA’s failure to adjudicate his motion to reopen.
Form or filing None named Read by a model
What the suit asked for Some other action Read by a model
Petitioner seeks relief in the form of an order directing Respondents to instruct the BIA to render a decision on Petitioner’s motion to reopen and to enjoin Respondents from removing Petitioner from the District of New Jersey and the United States until the BIA renders a decision.
Kind of order A ruling on a motion or the petition Read by a model
the petition is dismissed without prejudice for lack of jurisdiction, and accordingly, the motion for injunctive relief will be denied.
Motion decided Preliminary injunction or TRO Read by a model
the Motion for a Temporary Restraining Order (DE 8) is denied in light of the petition’s dismissal.
Whose motion The plaintiff's motion Read by a model
Petitioner also separately filed a Motion for a Temporary Restraining Order (“TRO”) on December 5, 2020.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the reasons set forth below, the petition is dismissed without prejudice for lack of jurisdiction, and accordingly, the motion for injunctive relief will be denied.
Prevailing party Government Read by a model
For the reasons set forth below, the petition is dismissed without prejudice for lack of jurisdiction, and accordingly, the motion for injunctive relief will be denied.
The delay claim Dismissed Read by a model
Petitioner’s Petition for a Writ of Habeas Corpus and Complaint for Declaratory, Injunctive, and Mandamus Relief (DE 1) is dismissed without prejudice for lack of jurisdiction
The other claims Dismissed Read by a model
Petitioner’s Petition for a Writ of Habeas Corpus and Complaint for Declaratory, Injunctive, and Mandamus Relief (DE 1) is dismissed without prejudice for lack of jurisdiction
Months pending 5.1 months from the application to the suit; 5.7 months from the application to the court's decision Read by a model
Petitioner filed a timely motion to reopen with the BIA on July 2, 2020.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Liberia Read by a model
Petitioner is a native and citizen of Liberia.

How the case ended

Docket
No. 2:20-cv-18065
Filed
December 4, 2020
Ended
December 23, 2020
Suit's filing to its end
19 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 3 (dismissed: lack of jurisdiction)

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.

Supreme Court and Third Circuit authority

District decisions bind no one. On the questions this decision raises, the Supreme Court decisions and the circuit's published decisions listed here bind this court; a circuit disposition marked nonprecedential was not published as precedent and is persuasive only. ImmCite status as read November 3, 2026. Check the current status before relying on one.