Passim

Mandamus decisions / District of Minnesota

Bah v. Cangemi

District of MinnesotaSchiltzDecided May 1, 2007

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What the decision decided

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Agency ICE Read by a model
Six months later, in a document dated April 20, 2006, ICE explained to Bah that it had again reviewed his custody status and again decided not to release him.
Form or filing I-821 (TPS) Read by a model
Bah also seeks legal authorization to remain in the United States and, toward that end, asks this Court to order that he be granted Temporary Protected Status ("TPS") under 8 U.S.C. § 1254a (§ 244a of the Immigration and Naturalization Act ("INA")).
What the suit asked for Not recorded Read by a model
Kind of order A ruling on a motion or the petition Read by a model
The Court therefore adopts in part Judge Mayeron's H & R and overrules the parties' objections.
Motion decided Motion to dismiss for lack of jurisdiction; Transfer Read by a model
One question remains: Should this Court dismiss Bah's TPS-related claims for lack of jurisdiction or instead transfer them to the Eighth Circuit?
Whose motion Cross-motions Read by a model
The government opposes Bah's habeas petition and moves to dismiss his TPS-related claims.
Disposition Dismissed in part; some claims go on The government's motion to dismiss was granted in part: some claims were dismissed and others go on. Read by a model
Prevailing party Each side in part Read by a model
The other claims Some dismissed, some go on Read by a model
The Court agrees with Judge Mayeron that Bah's habeas petition should be granted and that the Court has no jurisdiction over Bah's TPS-related claims.
Months pending 6.9 months from the application to the agency's action Read by a model
CIS was true to its word; on September 13, CIS issued a new decision rejecting Bah's TPS application.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Section 1252(a)(2)(B) bar applied Read by a model
But none of this changes the fact that the ultimate decision whether to grant TPS is, by statute, committed to the discretion of the Attorney General, and thus this Court is deprived of jurisdiction to review that decision by § 1252(a)(2)(B).
Nationality Liberia Read by a model
Bah was born in Liberia in 1970 and remains a Liberian citizen.

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 Eighth 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.