Asil Mashiri v. Department of Education

Asil Mashiri appeals the district court’s denial of his mandamus petition, in which he sought to compel the Department of Education (the “DOE” or “Department”) to issue him a Stafford Loan. We affirm.

Mashiri immigrated to the United States from Germany with his mother, his father, and his brother. See Mashiri v. Ashcroft, 383 F.3d 1112 (9th Cir.2004). The family, originally from Afghanistan, sought asylum based on the alleged failure of the German government to protect them from anti-foreigner violence in Germany. See id. at 1115-18 . After Mashiri’s mother obtained asylum, the Immigration Judge (“IJ”) assigned to hear Mashiri’s separate asylum case terminated those proceedings and directed him to file a derivative asylum application based on his mother’s approval. On October 5, 2007, he did so.

While Mashiri’s immigration status was still pending, he obtained valid employment authorization, graduated from the University of California, San Diego, and submitted an application to Thomas Jefferson School of Law (“TJSL”). After TJSL accepted him, Mashiri filed a Free Application for Federal Student Ad (“FAFSA”) and requested a Stafford Loan to pay his tuition. But after…