Demore

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

Plaintiff seeks a declaratory judgment that the District Director (“Director”) abused his discretion when he denied plaintiffs request for reinstatement of his F-l non-immigrant student status. This court has jurisdiction pursuant to the Administrative Procedures Act. See 5 U.S.C. § 702 ; Ghorbani v. I.N.S., 686 F.2d 784 , 791 n. 16 (9th Cir.1982). Both plaintiff and defendants now move for summary judgment under Federal Rule of Civil Procedure 56(c). Because there are no genuine issues of material fact, the parties are entitled to judgment as a matter of law. See Anderson v. Liberty Lobby, 477 U.S. 242, 248 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986).

Plaintiff entered the United States as an F-l non-immigrant student in 1994 and enrolled as a full time student at Chabot College beginning in the fall of 1996. On June 2, 1999, plaintiff married and his spouse petitioned for adjustment of his status to a lawful permanent resident. Pursuant to the pending application for adjustment of his status, plaintiff received employment authorization. Plaintiff continued to attend Chabot…