Camarena

ORDER GRANTING SUMMARY JUDGMENT AND PERMANENT INJUNCTION

On December 10, 1999, the Court heard argument on plaintiffs’ motion for a preliminary injunction. Because the parties have previously agreed that resolution of the preliminary injunction motion would be dispositive of the case, because the relief requested in the preliminary injunction motion is the same as the relief requested in the complaint, and because the evidence that this Court may consider in reviewing the INS’s decision is limited to the administrative record, this Court construes the motion for a preliminary injunction as a motion for a permanent injunction and for summary judgment. Having considered the arguments of counsel and the papers submitted, the Court hereby GRANTS plaintiffs’ motions.

BACKGROUND

Plaintiffs Maria Luz Camarena Villegas (“Maria Luz”), Armando Camarena Ville-gas (“Armando”) and Jose Camarena Ville-gas (“Jose”) are citizens of Mexico and the beneficiaries of immigrant visa petitions filed by their father, who obtained his law ful permanent resident status under 8 U.S.C. § 1160 (a). On November 29, 1990, Congress enacted the Immigration Act of 1990, which established a family unity program…