Singh

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

Petitioner Manmohanjit Singh has filed a petition for a writ of mandamus, asking the Court to compel Respondents to adjudicate two different 1-485 applications to adjust to permanent resident status. The first 1-485 application is an asylum-based application; the second is a marriage-based application. Currently pending are the parties’ cross-motions for summary judgment. Having considered the parties’ briefs and accompanying submissions, as well as the oral argument of counsel, the Court hereby GRANTS Mr. Singh’s motion for summary judgment and DENIES Respondents’ motion for summary judgment.

I. FACTUAL & PROCEDURAL BACKGROUND

As noted above, Mr. Singh has two pending 1-485 applications.

Mr. Singh filed the first application on June 9,1999. See Pet. ¶ 17; Tolchin Decl., Ex. D (1-485 application to adjust to permanent resident status). This application was based on Mr. Singh’s status as an asylee. Mr. Singh had been granted asylum in the United States by an immigration judge on May 14, 1998. See Pet. ¶ 12; Tolchin Decl., Ex. A (order of immigration judge); Barrett Decl.…