Asmai

ORDER

This matter is before the Court pursuant to Defendants Jeh Johnson, Eric H. Holder, Jr., James Comey, Leon Rodriguez, and Mari-Carmen Jordan’s (collectively referred to as “Defendants”) Motion to Dismiss for Lack of Jurisdiction, in the alternative, Motion for Summary Judgment. (ECF No. 13.) Plaintiff Timorshah Asmai (“Plaintiff”) has filed an opposition (ECF No. 16), to which Defendants have replied (ECF No. 19). The Court has carefully considered the arguments raised by the parties and . for the reasons set forth hereby DENIES Defendants’ motion.

I. Factual Background

Plaintiff filed a complaint for writ of mandamus on November 7, 2014. (ECF No. 1.) In which he alleges as follows: Plaintiff and his wife and daughter entered the U.S. as refugees from Afghanistan on December 22, 1999. (ECF No. 1 at ¶ 11.) On April 8, 2001, Mr. Asmai submitted a Form 1-485, Application to Adjust to Permanent Resident Status. (ECF No. 1 at ¶ 13.) During the period of time that Plaintiffs application has been unadjudicated, his wife had three children, all bom in the U.S., and his wife and oldest child became U.S. citizens. (ECF No. 1 at ¶ 15.)

*1089 Plaintiff has made numerous inquiries to…