Mejia Rodriguez v. DHS, __ F.3d __ (11th Cir. Mar. 16, 2009) (district court has jurisdiction to hear appeal of CIS denial of TPS; "Decisions regarding statutory eligibility for TPS are not ones designated to be within the discretion of the Attorney General or Secretary and hence are not precluded from review by 8 U.S.C. 1252(a)(2)(B) (ii). Furthermore, the denial of TPS is not a final order of removal and thus not subject to the various other provisions within 1252 pertaining to judicial review of such removal orders. Rather, Mejia Rodriguez has shown that the AAOs decision dismissing his appeal is a final agency action for which he has exhausted all necessary administrative appeals.").
jurisdiction:
Eleventh Circuit