The opinion of the court was delivered by: Miller, U.S. District Judge.
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; DENYING
DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; TERMINATING ACTION
For purposes of this motion, the following facts are undisputed:
1. Plaintiff Sandeep Nair was first admitted to the United States as an
H-1B nomimmigrant on August 23, 1994. Plaintiff Asha Nair was admitted on
a H-4 dependent visa.
2. The INS initially authorized plaintiffs' admission to the United
States until April 14, 1997.
3. Subsequently, the INS granted the following extensions of authorized
a. On March 15, 1995, an extension of authorized admission until
February 6, 1998;
b. On September 27, 1995, an extension of authorized admission until
September 15, 1998;
c. On March 2, 1996, an extension of authorized admission until
February 17, 1999; and
d. On or about August 23, 2000, an extension of authorized admission
until August 23, 2000.
4. Plaintiff Sandeep Nair was absent from the United States 97 days
between August 23, 1994 and April 14, 2000.
5. With respect to the final extension of authorized admission,
plaintiffs requested an extension of 97 ...