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BAH v. CANGEMI

No. 08-1705.

548 F.3d 680 (2008)

Sadou Alious BAH, Petitioner-Appellant, v. Mark CANGEMI, District Director, United States Immigration & Customs Enforcement; Michael Chertoff, Secretary, Department of Homeland Security; Michael B. Mukasey, Attorney General; Eduardo Aguirre, Director, United States Citizenship & Immigration Services, Enforcement; Denise Frazier, District Director, United States Citizenship & Immigration Services, Respondents-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 28, 2008.

Attorney(s) appearing for the Case

Herbert A. Igbanugo, Dyan Williams, argued, Minneapolis, MN, for appellant.

David Gerald Wilhelm, argued, AUSA, Minneapolis, MN, for appellee.

Before MURPHY, RILEY, and GRUENDER, Circuit Judges.

MURPHY, Circuit Judge.

In 2005 United States Immigration and Customs Enforcement (ICE) determined that Sadou Bah was a removable alien and detained him for over a year while it sought the travel documents necessary to remove him. Bah successfully petitioned under 28 U.S.C. § 2241 for release from his detention. The district court1 denied his subsequent request for attorney fees under the Equal Access to Justice Act, concluding that...

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