Zurmati

Petitioner, Golgotai Zurmati (petitioner), appeals from a judgment denying her petition for writ of mandate to command respondent Linda S. McMahon (respondent), as Director of the California Department of Social Services (the Department), to set aside her decision terminating petitioner’s benefits under the aid to families with dependent children (AFDC) program, and for other relief. We affirm the judgment.

Factual and Procedural History

Petitioner, an alien, is an Afghan national who came to the United States with her five minor children, also aliens, on a visitor’s visa in February *167 1980. Petitioner’s husband abandoned the family in May 1980. In June 1980, petitioner applied for, but has not yet received, political asylum, based upon the presence of Soviet troops in her country. Her visitor’s visa expired in August 1980. She and her five children applied for and began receiving assistance from the Department under the AFDC program in August 1980.

On October 22, 1982, the Department issued a notice of action informing petitioner that she would no longer be eligible for AFDC benefits effective November 15, 1982 because none of the members of petitioner’s family…

I concur in the result reached by the majority because of my conclusion that the question presented in this appeal is a matter which is governed by federal and not California law. The conclusion reached in Sudomir v. McMahon (9th Cir. 1985) 767 F.2d 1456, 1464 , is precisely on point with the essential issue presented in this appeal and should be applied by us in reaching our disposition.

Nevertheless, I find the reasoning of Circuit Judge Canby’s dissent in Sudomir to be extremely persuasive and more closely associated with the views to which I subscribe. I do join, however, in the majority’s result since the supremacy clause dictates that federal law should apply in this instance.

A petition for a rehearing was denied May 16, 1986, and appellant’s petition for review by the Supreme Court was denied July 9, 1986.

Petitioner, Golgotai Zurmati (petitioner), appeals from a judgment denying her petition for writ of mandate to command respondent Linda S. McMahon (respondent), as Director of the California Department of Social Services (the Department), to set aside her decision terminating petitioner's benefits under the aid to families with dependent children (AFDC) program, and for other relief. We affirm the judgment.

Petitioner, an alien, is an Afghan national who came to the United States with her five minor children, also aliens, on a visitor's visa in February 1980. Petitioner's husband abandoned the family in May 1980. In June 1980, petitioner applied for, but has not yet received, political asylum, based upon the presence of Soviet troops in her country. Her visitor's visa expired in August 1980. She and her five children applied for and began receiving assistance from the Department under the AFDC program in August 1980.

On October 22, 1982, the Department issued a notice of action informing petitioner that she would no longer be eligible for AFDC benefits effective November 15, 1982 because none of the members of petitioner's family budget unit had the…