Asil Mashiri v. Department of Education; Department of Homeland

Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding D.C. No. 3:09-cv-01877-WQH-AJB

Per curiam.

FOR PUBLICATION

OPINION

Argued and Submitted November 8, 2012--Pasadena, California

Before: Alfred T. Goodwin and Diarmuid F. O'Scannlain, Circuit Judges, and Jack Zouhary, District Judge.*fn1

Opinion

SUMMARY*fn2

Immigration

The panel affirmed the district court's denial of immigrant Asil Mashiri's mandamus petition, in which he sought to compel the Department of Education to issue him a Stafford Loan.

The panel wrote that the jurisdictional and substantive merits determinations merge in this case. The panel held that although Mashiri's mandamus petition falls within the scope of the sue-and-be-sued clause in 20 U.S.C. § 1082(a)(2), the anti-injunction clause in that subsection bars his suit for declaratory relief. The panel held that the Larson-Dugan exception to sovereign immunity did not bar Mashiri's petition under the mandamus statute, 28 U.S.C. § 1361. On the merits, the panel held that the district court correctly dismissed Mashiri's petition because when his Stafford Loan eligibility was reviewed, he did not provide any evidence that he was "in the United States for other than a temporary purpose," as required to receive a Federal Family Education Loan Program loan.

OPINION

PER CURIAM:

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 ...