Kyaw

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

HTIN AUNG KYAW, Case No. 24-cv-06326-VC

Plaintiff,

ORDER GRANTING THE

v. GOVERNMENT'S MOTION FOR

SUMMARY JUDGMENT

UR MENDOZA JADDOU, et al., Re: Dkt. No. 13 Defendants.

The government’s motion for summary judgment is granted. This order assumes the reader’s familiarity with the facts, governing legal standards, and arguments made by the parties. 1. Mandamus Act. Kyaw seeks mandamus to compel the government to adjudicate his asylum claim within the time limits set out in 8 U.S.C. § 1158(d)(5)(A). Mandamus is “an extraordinary remedy” only available if: “(1) the individual’s claim is clear and certain; (2) the official’s duty is nondiscretionary, ministerial, and so plainly prescribed as to be free from doubt, and (3) no other adequate remedy is available.” Kildare v. Saenz, 325 F.3d 1078, 1084 (9th Cir. 2003). An asylum applicant does not have a clear and certain claim under Section 1158(d)(5)(A) because Section 1158(d)(7) states that nothing in this subsection “shall be construed to create any substantive or procedural right or benefit that is legally enforceable by…