MWASARU v. NAPOLITANO

No. 08-2628.

619 F.3d 545 (2010)

Eusebia Frida Kinyasi MWASARU, Plaintiff-Appellant, v. Janet NAPOLITANO, Secretary, Department of Homeland Security; Alejandro Mayorkas, Director, United States Customs and Immigration Services; Director, United States Immigration and Customs Enforcement; Director, United States Citizenship and Immigration Service, Detroit District Office; Director, United States Executive Office for Immigration Review, Detroit Immigration Court; Jack Y. Lin, Field Office Director, United States Immigration and Customs Enforcement; and Hilary Rodham Clinton, Secretary, Department of State, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 1, 2010.


Attorney(s) appearing for the Case

ARGUED: Christopher J. Pooley , Law Office of Chris Pooley, Esq., Avon, Colorado, for Appellant. Derri T. Thomas , Assistant United States Attorney, Detroit, Michigan, for Appellees. ON BRIEF: Christopher J. Pooley , Law Office of Chris Pooley, Esq., Avon, Colorado, for Appellant. Derri T. Thomas , Assistant United States Attorney, Detroit, Michigan, for Appellees.

Before: GIBBONS and COOK, Circuit Judges; VAN TATENHOVE, District Judge.


OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Plaintiff-appellant Eusebia Mwasaru appeals the district court's order dismissing her petition for a writ of mandamus. Mwasaru won the diversity visa lottery for fiscal year 2007 but was denied a diversity visa because the United States Customs and Immigration Services ("USCIS") found her ineligible for adjustment of status. She sought but did not receive administrative review of the USCIS's decision before the...

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