Gong v. Duke

COGAN, District Judge.

Plaintiff, an immigrant with asylee status, seeks a writ of mandamus under 28 U.S.C. § 1361, or a declaration and injunction under the Administrative Procedure Act (APA), 5 U.S.C. § 706(a), compelling defendants, who are officials of the immigration authorities, to adjudicate his own application for an adjustment of his immigration status to permanent resident and his wife's and daughter's derivative applications for asylee status. Before me is defendants' motion to dismiss. Plaintiff has no legal right to relief and, on the facts before me, the delay may be explained at…