Ngatia

MEMORANDUM **

Plaintiff Murage M. Ngatia appeals the district- court’s dismissal, for failure to state a claim, of his claims for relief under *388 28 U.S.C. §§ 1361 and 2201. Plaintiff seeks an order compelling government officials (Defendants here) to respond to his letter requesting that the Citizen and Immigration Service (“the agency”) sua sponte reopen the case concerning his application for temporary resident status under 8 U.S.C. § 1255a. Reviewing de novo, Ventura Mobilehome Cmtys. Owners Ass’n v. City of San Buenaventura, 371 F.3d 1046, 1050 (9th Cir.2004), we affirm.

1.Plaintiff has not demonstrated entitlement to mandamus relief. “The extraordinary remedy of mandamus under 28 U.S.C. § 1361 will issue only to compel the performance of ‘a clear nondiscretionary duty.’ ” Pittston Coal Group v. Sebben, 488 U.S. 105, 121 , 109 S.Ct. 414 , 102 L.Ed.2d 408 (1988) (quoting Heckler v. Ringer, 466 U.S. 602, 616 , 104 S.Ct. 2013 , 80 L.Ed.2d 622 (1984)). Here, there is no clear nondiscretionary duty to respond to a letter requesting that the agency sua sponte reopen the case. Such a requirement cannot be found in the permissive text of the regulation. See 8 C.F.R. § 103.5 (b)…