Ghafoori

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

This matter came before the Court on April 19, 2010, on cross-motions for summary judgment. Plaintiff Abdul Haq Ghafoori (“Plaintiff’) brings this action under the Administrative Procedure Act against Defendants Janet Napolitano, in her official capacity as Secretary of the U.S. Department of Homeland Security (“DHS”), and Michael Aytes, in his official capacity as acting Deputy Director of U.S. Citizenship and Immigration Services (“USCIS”) (collectively, “Defendants”). Plaintiff, an asylee from Afghanistan, contends that Defendants acted contrary to regulation by relying on evidence undisclosed to him to deny his petition to obtain derivative immigration benefits for his daughter. Defendants seek dismissal of this action. For the reasons set forth below, Plaintiffs motion is GRANTED, and Defendants’ motion is DENIED.

BACKGROUND

Plaintiff and his wife applied for asylum in the United States on May 4, 2000, after fleeing their native Afghanistan. They were granted asylum on November 13, 2000, at the San Francisco asylum office of the Immigration and Naturalization Service…