OPINION AND ORDER Matvei Shcheulnikov (“Plaintiff”) filed an asylum application with United States Citizenship and Immigration Services (“USCIS”) in November 2020. Dkt. 1 (“Compl.”) at 3. Several years have passed, yet “the government has yet to schedule an interview or issue a decision in [his] case.” Id. Seeking to expedite matters, on January 21, 2024, Plaintiff sued Thomas Cioppa, the New York Director of USCIS, who shall be replaced by Tamika Gray, the current New York District Director of USCIS (“Defendant”), pursuant to Federal Rule of Civil Procedure 25(d). Plaintiff brings a claim under the Administrative Procedure Act (“APA”), 5 U.S.C. §§701-706, and also seeks a writ of mandamus. Compl. 4-6. Defendant has moved to dismiss. Dkt. 12 (“Br.”). For the following reasons, the Court grants the Defendant’s motion. BACKGROUND Plaintiff is a citizen of Russia who, according to the Government, was admitted to the United States on an F1 nonimmigrant visa on July 16, 2019. Compl. 18; Dkt. 11 (“Elliott Decl.”) 12.1 On November 16, 2020, Plaintiff filed a Form I-589 Application for Asylum with USCIS. Compl. 20; Elliot Decl. 13; see also Chen v. Garland, 75 F.4th 109, 112 (2d Cir. 2023) (Form I-589 “asks applicants to provide information about their personal and family backgrounds and details about the harm or mistreatment that they experienced in their home country”). Plaintiff received an employment authorization document (“EAD”) that was set to expire on September 8, 2023, but he applied to renew it on July 14, 2023. Elliot Decl. 17. To date, Plaintiff’s asylum application remains pending in the New York Asylum Office. Compl. 21; Elliott Decl. 13. However, his EAD’s validity period automatically extended for up to 540 days from its expiration date, 8 C.F.R. §274a.13(d)(5), and therefore his EAD remains valid. Elliot Decl. 17. On January 21, 2024, Plaintiff filed this action bringing an APA claim and seeking a writ of mandamus. Compl. at 4-6. Plaintiff asserts that Defendant has unreasonably delayed resolution of Plaintiff’s asylum application and requests a court order compelling the Defendant to adjudicate his application. Compl.
