Facts

Petitioners Hui Shun Jin and He Chun Zhao filed a Petition for Writ of Mandamus seeking to have the United States Citizenship and Immigration Services (USCIS) perform its "legal duty" in regard to Petitioners' former son-in-law Inki Yu.

Petitioners alleged that while awaiting deportation proceedings, Yu married Petitioners' daughter "so as to adjust his illegal status." In the course of the marriage, Yu allegedly threatened Petitioners and held their daughter hostage in order to obtain approximately $600,000 from Petitioners. They informed both USCIS and the FBI-Los Angeles Field Office. USCIS moved to dismiss Petitioners' claim under Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure.

Result

The motion to dismiss was granted. Mandamus is available only when (1) the plaintiff's claim is clear and certain; (2) the duty is ministerial and so plainly prescribed as to be free from doubt; and (3) no other adequate remedy is available. If a plaintiff has no legal entitlement to the relief sought, a "clear and certain" claim cannot exist, and the writ will not lie. The court found that Petitioners failed to allege any specific statutory or regulatory duty that USCIS owed Petitioners but failed to perform.