Wang v. Mayorkas et al

Filing 10

ORDER granting Defendants' 8 Motion to Dismiss. The Court GRANTS Defendants' 8 motion to dismiss, and DISMISSES Wang's 1 complaint with prejudice. Signed by Judge Jamal N Whitehead. (KRA) (cc: Plaintiff via USPS)

1
2
3
4
5

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7
8
9
10
11
12
13
14

LIANG WANG,

CASE NO. 2:23-cv-1340
Plaintiff,

v.

ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS

ALEJANDRO MAYORKAS, Secretary,
Department of Homeland Security,
MERRICK GARLAND, Attorney
General of the United States, EMILIA
BARDINI, Director of San Francisco
Asylum Office,
Defendants.

15
16
17
18
19
20
21
22
23

This matter comes before the Court on Defendants Alejandro Mayorkas,
Merrick Garland, and Emilia Bardini’s motion to dismiss. Dkt. No. 8. Plaintiff
Liang Wang did not respond. For the reasons stated below, the Court GRANTS
Defendants’ motion and dismisses Wang’s case with prejudice.
Wang, a citizen of China, applied for asylum in the United States in 2016.
Dkt. No. 1 at 2. On August 28, 2023, Wang, proceeding pro se, filed a writ of
mandamus requesting that the Court order the United States Citizenship and
Immigration Services (USCIS) to adjudicate his Form I-589, Application for Asylum

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS - 1

1

and Withholding of Removal. Id. at 5. After interviewing Wang, the San Francisco

2

Asylum Office issued its decision on his asylum application on January 11, 2024.

3

Dkt. No. 9 ¶¶ 2-3.

4

Defendants now move to dismiss Wang’s complaint for lack of jurisdiction,

5

arguing that Wang’s claims are moot because USCIS has issued its decision,

6

therefore, there is no further relief for Wang concerning his asylum application.

7

Dkt. No. 8 at 3-4. Because Wang’s application has been decided, this Court can no

8

longer provide him the relief sought.

9

Accordingly, because Wang has obtained one of the forms of relief requested

10

(adjudication of his asylum application) and USCIS has issued its decision, the

11

Court GRANTS Defendants’ motion to dismiss, and DISMISSES Wang’s complaint

12

with prejudice.

13
14

Dated this 9th day of May, 2024.

15
16
17

A

Jamal N. Whitehead
United States District Judge

18
19
20
21
22
23
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS - 2