Angeles

ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT, AND DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Presently pending before the Court are the parties’ cross motions for summary judgment in a matter arising under the Administrative Procedures Act (“APA”), 5 U.S.C. §§ 701-706 . The challenged agency action is Defendant’s, United States Citizenship , and Immigration Services (“USGIS” or the “Agency”), denial of Plaintiffs’, Nataly and Alan Angeles, Application to Register Permanent Residence or Adjust Status, Form 1-485, as derivative beneficiaries of a Petition for Alien Relative, Form 1-130, filed by their grandfather, Luis Herrera Angeles (“Luis”) ,.on behalf of their father, Demetrio Angeles Moran (“Demetrio”).

Having considered the parties oral argument and the record, the Court DENIES Defendant’s motion for summary judgment [Doc. 35], and GRANTS Plaintiffs’ motion for summary judgment [Doc. 34].

I. BACKGROUND

Luis immigrated to the United States from Mexico on October 5, 1976 under the then existing Western Hemisphere Program (‘WHP”), and was classified as an “SA-1” immigrant according to his Immigrant Visa [Doc. 313, at 16], Luis’s son, Demetrio, was born in…