Proyecto San Pablo v. Department of Homeland Security

*566 MEMORANDUM **

United States Citizen and Immigration Services (“USCIS”) appeals from the district court’s June 4, 2007 Order requiring it to comply with its March 27, 2001 Judgment and Order compelling adjudication of plaintiff-class members’ applications for waivers of inadmissibility pursuant to the Immigration Reform and Control Act of 1986 (“Reform Act”), and production of the class members’ complete prior deportation files. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

USCIS argues that the district court did not have jurisdiction to issue the June 2007 Order because the Reform Act vests jurisdiction to review substantive eligibility determinations solely in the circuit courts following an order of deportation. However, the district court’s March 2001 Judgment and Order, from which USCIS did not appeal, required USCIS to adjudicate Reform Act waiver applications on their merits. This adjudication must be separate from the adjudication of the applicant’s legalization application. See Matter of P-, 19 I. & N. Dec. 823, 824 (BIA 1988) (“Each application should be adjudicated separately since the applicant has the right to appeal from an adverse decision of…