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Mandamus decisions / Western District of Oklahoma

Wanjiku v. Immigration and Customs Enforcement

Western District of OklahomaDavid L. RussellDecided October 29, 2024

Read the decisionOriginal on CourtListener

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What the decision decided

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Agency ICE Read by a model
Petitioner has provided no federal legal authority – and the undersigned is not aware of any – stating that ICE agents have a nondiscretionary duty to lift a detainer and to refrain from reissuing one until the conclusion of a prisoner’s post-conviction proceedings.
Form or filing None named Read by a model
What the suit asked for Some other action Read by a model
Here, Petitioner requests the Court to order Respondents to lift the May 2023 detainer and refrain from issuing another detainer until Petitioner’s post-conviction actions relating to his state and federal convictions are resolved.
Kind of order A magistrate judge's recommendation Read by a model
REPORT AND RECOMMENDATION
Motion decided Motion to dismiss for lack of jurisdiction; Preliminary injunction or TRO Read by a model
Before the Court are Respondents’ Motion to Dismiss, (Doc. 18), along with Petitioner’s Response, (Doc. 19); Petitioner’s Motion requesting an in-camera hearing, (Doc. 11); and Petitioner’s Motion to Expedite Petition, (Doc. 13).
Whose motion The government's motion Read by a model
Before the Court are Respondents’ Motion to Dismiss, (Doc. 18)
Disposition Magistrate judge's recommendation A magistrate judge's report and recommendation. The district judge decides whether to adopt it, so it is not counted as either side's win. Read by a model
REPORT AND RECOMMENDATION
Prevailing party Neither side Read by a model
REPORT AND RECOMMENDATION
The other claims Dismissed Read by a model
the undersigned recommends that Respondents’ Motion to Dismiss (Doc. 18) be GRANTED and the Petition for a Writ of Mandamus under 28 U.S.C. § 1361 (Doc. 1) be DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.
Months pending Not stated Read by a model
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model

Other orders in this case

The group holds 2 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision. How decisions are grouped into cases.

DecisionDecidedJudgeDisposition
Wanjiku v. Immigration and Customs EnforcementThis decision October 29, 2024 David L. Russell Magistrate judge's recommendation
Wanjiku v. Immigration and Customs EnforcementThe case's latest decision: its outcome is the one counted November 27, 2024 David L. Russell Stipulated or agreed order

How the case ended

This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.

Supreme Court and Tenth 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.