Islam

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

I. INTRODUCTION

In this immigration mandamus action, plaintiff Mohammed Sher Islam seeks an order compelling the government to adjudicate his Form 1-485 Application for adjustment of citizenship status. The government moves to dismiss, and both parties move for summary judgment. For the reasons set forth below, both of defendants’ motions are denied. Further, because Islam has endured an unreasonable delay in the processing of his 1-485 petition, his motion for summary judgment is granted. The government must process Islam’s application forthwith.

II. BACKGROUND

Plaintiff Mohammad Sher Islam is a native and citizen of Pakistan who entered the United States in April of 2000. (Compl., ECF No. 1 at ¶ 6; Deck of Gareth R. Canaan, ECF No. 13-1 at ¶ 3). Islam applied for asylum on January 29, 2001 with the Immigration and Naturalization Service (INS). An Immigration Judge granted his application on March 27, 2007. Id. On or about May 27, 2008, Islam filed a Form 1-485 Application with the U.S. Citizenship and Immigration Services (USCIS) to adjust…