Kebede v. Ashcroft

We consider a petition for a writ of mandamus arising from a magistrate judges sanction of disqualification imposed on petitioners counsel by revocation of counsels pro hac vice status. Petitioners demonstrate that the magistrate judge clearly erred in imposing this sanction without giving petitioners counsel notice and an opportunity to be heard on the specific grounds for disqualification and revocation of counsels pro hac vice status. But because mandamus is an extraordinary remedy and petitioners did not take advantage of an available remedy by seeking review of the magistrate judges decision before the district court, we deny the petition.