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"Plaintiffs, and the class whom they represent, are non-citizens serving in the United States Army’s Selected Reserve of the Ready Reserve (“Selected Reserve”) who enlisted under the United States Department of Defense’s Military Accessions Vital to the National Interest (“MAVNI”) program. Each wants to apply for citizenship pursuant to 8 U.S.C. § 1440, which provides an expedited path to citizenship for soldiers who serve during specified periods of military hostilities. To do so, however, they need a signed Form N-426, which is a form that certifies an applicant’s qualifying military service and must be submitted to the United States Citizenship and Immigration Services (“USCIS”) in order to apply for naturalization based on military service. Plaintiffs bring this action against the United States Department of Defense (“DOD”) and Secretary James Mattis, claiming that the military’s refusal to issue their Form N-426s is unlawful under the Administrative Procedure Act (“APA”), 5 U.S.C. § 706, and the Constitution. Before the Court is defendants’ motion to dismiss, or in the alternative, for summary judgment. (Nov. 17, 2017, ECF No. 39, (“MTD”).) For the reasons stated herein, the Court will grant defendants’ motion to dismiss plaintiffs’ constitutional substantive-due-process claim, but otherwise denies defendants’ motion."
- Kirwa v. Mattis, Jan. 11, 2018.