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Immigration Law

Another MAVNI Victory: Miriyeva v. USCIS

Miriyeva v. USCIS

"Plaintiff filed this action under 8 U.S.C. § 1421(c) seeking judicial review of USCIS’s determination that she is ineligible to naturalize based on her “uncharacterized” discharge. ... Plaintiff plausibly alleged she complied with the statutory requirements for naturalization pursuant to § 1440 and that the application of USCIS’s extra-statutory requirements deprived Plaintiff of her right to citizenship. ... Therefore, Plaintiff has stated a plausible claim that Defendants violated her substantive due process rights when Defendants treated her “uncharacterized” discharge as a discharge under less than honorable conditions. ... Plaintiff’s request for injunctive relief as a remedy ... remains viable provided that Plaintiff is successful on the merits of one or more of her remaining claims."

[Hats off to Kathrin Mautino and Neil O'Donnell!]