Islam v. Heinauer

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

RICHARD SEEBORG, UNITED STATES DISTRICT JUDGE

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…