The policy establishes a rule which defers implementation of the law and thereby constitutes a nullification of the statute of which Congress is entitled to have notice, and establishes a rule which denies Plaintiff access to benefits available to her by statute. The statute is clear or plain on its face as to the eligibility standard for those benefits of voluntary departure. As interpreted by defendants, there is no benefit to Plaintiff in seeking voluntary departure assuming she is eligible. She is in the present interpretation better off declining to apply for voluntary departure. Defendant's failure to adjudicate contravenes the mandate of the statute, prejudices plaintiffs' rights to apply for benefits, and is an adjudication under the statute, which is arbitrary, capricious, and an abuse of discretion.
Plaintiffs have a statutory right to seek and compel adjudication.
The Court should affirm Defendants' obligation to administer the statute properly. Plaintiffs seek mandatory and injunctive relief to compel adjudication and to secure access to the benefits made available to qualified applicants by statute. Accept and maintain continuing jurisdiction of this action. Issue a preliminary and permanent injunction enjoining Defendants from applying such an interpretation or policy to visa applicants or applicants for adjustment. Order such other relief the Court may deem proper and appropriate.