Nair

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT; DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT; TERMINATING ACTION

Plaintiffs Sandeep and Asha Nair have brought a complaint for declaratory, mandamus and injunctive relief against Dona Coultice, the Director of the California Service Center of the Immigration and Naturalization Service (“INS”), and Doris Meissner, the Commissioner of the Immigration and Naturalization Service. The parties have filed cross-motions for summary judgment. For the reasons set forth below, plaintiffs’ motion is granted, and defendants’ motion is denied.

FACTUAL BACKGROUND

For purposes of this motion, the following facts are undisputed:

1. Plaintiff Sandeep Nair was first admitted to the United States as an H-1B nonimmigrant on August 23, 1994. Plaintiff Asha Nair was admitted on a H-4 dependent visa.

2. The INS initially authorized plaintiffs’ admission to the United States until April 14,1997.

3. Subsequently, the INS granted the following extensions of authorized admission.

a. On March 15, 1995, an extension of authorized admission until February 6, 1998;

b. On September 27,1995, an extension of authorized admission until September 15,…