Yan Chang and Yongzheng Wang v. United States Citizenship and Immigration Services (USCIS), et al.

CourtDistrict Court, E.D. New York
DecidedMarch 9, 2026
Docket2:25-cv-01504
StatusUnknown

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Yan Chang and Yongzheng Wang v. United States Citizenship and Immigration Services (USCIS), et al., (E.D.N.Y. 2026).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------x YAN CHANG and YONGZHENG WANG,

Plaintiffs, MEMORANDUM & ORDER 25-CV-1504 (PKC) - against -

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (USCIS), et al.,

Defendants. -------------------------------------------------------x PAMELA K. CHEN, United States District Judge: Plaintiff Yan Chang (“Chang”) brings the instant action against United States Citizenship and Immigration Services (“USCIS”), Attorney General of the United States Pamela Bondi, Director of USCIS Kika Scott, and former Secretary of Homeland Security Kristi Noem (“Defendants”), on behalf of herself and her minor son, Yongzheng Wang (“Wang”). (Compl., Dkt. 1.) Chang argues that Defendants have unreasonably delayed adjudication of her application for asylum in violation of the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 555(b), 706(1), and seeks a writ of mandamus to compel Defendants to act on her application pursuant to the Mandamus Act, 28 U.S.C. § 1361. (Id. at 2.) Defendants move to dismiss the Complaint in its entirety pursuant Federal Rule of Civil Procedure (“Rule”) 12(b). (Resp.1, Dkt. 11, at 1.) For the reasons set forth herein, the Court dismisses Plaintiffs’ Complaint without prejudice.

1 On April 10, 2025, the Court issued an Order to Show Cause directing Defendants to “show cause why a writ of mandamus should not be issued.” (Order to Show Cause, Dkt. 9.) Defendants responded on June 29, 2025, (see Resp., Dkt. 11), but Plaintiff failed to then reply, (see 8/1/2026 Dkt. Order). The Court thus treats Defendants’ response as unopposed, (see id.), and construes it as a motion to dismiss. See Wang v. United States Citizenship & Immigr. Servs., No. 22-CV-0149 (EK), 2022 WL 17851621, at *1 (E.D.N.Y. Aug. 3, 2022) (construing unopposed letter as motion to dismiss, and dismissing complaint against USCIS.) BACKGROUND Plaintiffs are natives of the People’s Republic of China (“China”) and are seeking asylum in, and withholding of removal from, the United States. (Id. ¶¶ 1–2, 10.) In August 2021, Plaintiffs entered the United States on a B2 visa. (Id. ¶ 9.) On February 24, 2022, Chang submitted an Application for Asylum and Withholding of Removal, known as a Form I-589 (“I-589”), with

USCIS for herself and Wang, and received a notice of receipt. (Id. ¶¶ 10–11.) Chang sent an inquiry letter to USCIS, through her counsel, in May 2024, to which USCIS responded in June 2024, explaining that USCIS was experiencing a backlog issue. Chang submitted another inquiry letter, through her counsel, in January 2025, to which she did not receive a response.2 (Id. ¶¶ 14–15.) As of the filing of this suit, Chang is still waiting for her in-person interview to be scheduled. (See id. ¶ 13.) Chang filed suit in the Eastern District of New York on March 18, 2025, seeking to compel Defendants to adjudicate her asylum application. (See id.) Chang claims the three years she has been waiting constitute an unreasonable amount of time for her asylum case to be adjudicated under the APA. (See id. at 14.) Chang alternatively requests that the Court issue a writ of

mandamus “compel[ling] Defendants to act on [her] I-589 [a]pplication,” pursuant to the Mandamus Act, 28 U.S.C. § 1361. (Id.) On June 26, 2025, Defendants moved to dismiss pursuant to Rule 12(b). (Resp., Dkt. 11, at 1.)

2 The Complaint does not describe the nature of the May 2024 and January 2025 inquiry letters that Chang sent to the New York Asylum Office through her counsel. (Compl., Dkt. 1, ¶¶ 14–15.) The Court presumes that the inquiries referred to the delay in scheduling her interview. LEGAL STANDARD To survive a motion to dismiss pursuant to Rule 12(b)(6)3, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A claim is plausible on its face where it “pleads factual content that allows the court

to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556). In reviewing a complaint for failure to state a claim, the Court accepts as true all factual allegations and draws from them all reasonable inferences, while disregarding “conclusory allegations or legal conclusions couched as factual allegations.” Hamilton v. Westchester Cnty., 3 F.4th 86, 91 (2d Cir. 2021) (quoting Dane v. UnitedHealthcare Ins. Co., 974 F.3d 183, 188 (2d Cir. 2020)). DISCUSSION I. Chang’s Mandamus Claim Chang’s Mandamus Act claim must be dismissed. The Mandamus Act permits a district court to “compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.” 28 U.S.C. § 1361. Mandamus is an “extraordinary remedy,” Escaler

v. U.S. Citizenship & Immigr. Servs., 582 F.3d 288, 292 (2d Cir. 2009), and is only available where plaintiffs establish that “(1) there is a clear right to the relief sought; (2) the Government has a plainly defined and peremptory duty to perform the act in question; and (3) there is no other adequate remedy available,” Benzman v. Whitman, 523 F.3d 119, 133 (2d Cir. 2008) (citation omitted).

3 Although Defendants’ motion does not set forth the subsection of Rule 12(b) pursuant to which they seek to dismiss the Complaint, (see Resp., Dkt. 11), it is apparent that their arguments seek dismissal for failure to state a claim pursuant to Rule 12(b)(6). Because Chang can, and indeed does, bring an undue delay claim under the APA, “[t]he Court need not . . . consider whether [she] has satisfied the first two requirements” for mandamus relief. Mu v. U.S. Citizenship & Immigr. Servs., No. 23-CV-2067 (HG), 2023 WL 4687077, at *3 (E.D.N.Y. July 22, 2023). “The ability to bring a cause of action under the APA—even where, as

here, Chang has failed to adequately plead that alternative remedy—means that Chang has an adequate alternative remedy, and therefore cannot state a mandamus claim.” Abasov v. United States Citizenship & Immigr. Servs., No. 25-CV-1793 (PKC), 2025 WL 3706663, at *6 (E.D.N.Y. Dec. 22, 2025) (internal quotation marks and citation omitted); Zhuo v. Mayorkas, No. 23-CV-5416 (DLI), 2024 WL 4309232, at *3 (E.D.N.Y. Sep. 26, 2024); Luo v. U.S. Citizenship & Immigr. Servs., No. 23-CV-1104 (HG), 2023 WL 5672041, at *3 (E.D.N.Y. Sep. 1, 2023). II. Chang’s APA Claim The APA provides that “[w]ith due regard for the convenience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it.” 5 U.S.C. § 555(b). Courts may, however, “compel agency action

unlawfully withheld or unreasonably delayed.” Id. § 706(1).

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Yan Chang and Yongzheng Wang v. United States Citizenship and Immigration Services (USCIS), et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/yan-chang-and-yongzheng-wang-v-united-states-citizenship-and-immigration-nyed-2026.