USCIS Must Adjudicate AOS Pending 6 Years: Islam v. Heinauer

USCIS Must Adjudicate AOS Pending 6 Years: Islam v. Heinauer

"Taken together, under the circumstances of this case, the TRAC factors support a conclusion that Islam has endured an unreasonable delay in the processing of his Form I-485 petition. In Islam I, decided in 2011, the court stated that the time may come when defendants’ delay—which was, at that point, still reasonable—would become unreasonable as a matter of law. Now, with Islam’s petition pending just shy of six years, and with no indication from defendants of when or whether he can expect any decision in the future, the day prophesied in Islam I has arrived. Defendants must process Islam’s application. ... Plaintiff’s motion for summary judgment is granted.  Defendants are hereby ordered to adjudicate Islam’s Form I-485 Application forthwith, but in no event later than thirty (30) days from the date of this order." - Islam v. Heinauer, Mar. 7, 2014.  [Hats off to Anna Benvenue!]