Miao He v. Chertoff

MEMORANDUM OPINION AND ORDER

MATTHEW F. KENNELLY, District Judge.

Plaintiffs Miao He and Tao Qin, 1 two foreign nationals residing in the United States, filed this suit to compel action on the processing of their applications to adjust to their status to that of permanent residents under 8 U.S.C. § 1255(a). They also seek relief under the Administrative Procedure Act, 5 U.S.C. §§ 555(b) and 706(1), and declaratory relief under 28 U.S.C. § 2201. Plaintiffs filed their applications for adjustment of status (“AOS”) with U.S. Citizenship and Immigration Services (“CIS”) in late December 2004. 2…