Case: Kirwa v. United States Department of Defense

1:17-cv-01793 | U.S. District Court for the District of Columbia

Filed Date: Sept. 1, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

Note: This lawsuit is a challenge to the Department of Defense’s failure to certify the honorable military service of MAVNI soldiers seeking expedited naturalization under the Immigration and Naturalization Act.Samma v. United States Department of Defense is a similar challenge brought by non-MAVNI soldiers who qualify for expedited naturalization under the same statute.Nio v. United States Department of Homeland Security challenges the Department of Homeland Security’s consideration and adjudi…

Note: This lawsuit is a challenge to the Department of Defense’s failure to certify the honorable military service of MAVNI soldiers seeking expedited naturalization under the Immigration and Naturalization Act.

Samma v. United States Department of Defense is a similar challenge brought by non-MAVNI soldiers who qualify for expedited naturalization under the same statute.

Nio v. United States Department of Homeland Security challenges the Department of Homeland Security’s consideration and adjudication of applications following certification of honorable military service.


The Immigration and Nationality Act provides an expedited path to citizenship for non-citizens serving in the United States military, but in 2016, the Obama Department of Defense implemented a new internal policy adding substantive and procedural requirements. Objecting to new policy, three non-citizen service members, represented by private counsel, filed this class-action lawsuit against the Department of Defense. The complaint, filed on September 1, 2017 in the United States District Court for the District of Columbia and assigned to Judge Ellen S. Huvelle, alleged that the Department’s policy violated the Due Process Clause of the Fifth Amendment, the Administrative Procedure Act, and the Immigration and Nationality Act. The plaintiffs sought a declaration that the Department’s new requirements were unlawful; an injunction barring the Department from implementing the 2016 policy; and mandamus and APA relief compelling the Department to promptly process naturalization paperwork without adding extra-statutory requirements. They also sought to bar the Department from retaliation against soldiers participating in the lawsuit, and from discharging a soldier in order to avoid certifying her honorable service. Finally, they sought attorneys’ fees and costs.

The plaintiffs had all joined the military through the MAVNI program (“Military Accessions Vital to the National Interest”), through which the Department of Defense enlisted non-citizen soldiers who had special medical or linguistic skills needed by the military. Under this program, which was authorized by 8 U.S.C. §1440, MAVNI soldiers qualified for an expedited pathway to U.S. citizenship; the Department even contractually required MAVNI soldiers to apply for citizenship. This opportunity was a significant recruiting incentive.

As part of the expedited naturalization process, the Department of Defense was required to certify to the Department of Homeland Security that an applicant’s military service had been honorable; DHS created Form N-426 for this certification. The statute did not specify a particular duration of service; it simply required a soldier’s service to be honorable. DHS regulations confirmed that a soldier could be eligible for expedited naturalization after one day of military service.

Contrary to the express language of the statute, the 2016 policy indicated that the Department would not certify a soldier’s honorable service unless she had served in active-duty status. The policy also restricted the pool of military officials authorized to sign the certification.

The plaintiffs’ certification requests had been denied or delayed because of the new policy. They alleged that the delay in naturalization deprived them of the protections that the statute was intended to provide, including access to United States consular services while deployed overseas, work and school authorization and benefits, and ability to sponsor family members.

On October 25, 2017, the court granted a preliminary injunction, requiring that the Department “use its best efforts” to complete each N-426 form within 2 days of receiving it. 285 F. Supp. 3d 21. The order provisionally certified a class for purposes of the preliminary injunction, comprising MAVNI recruits who had enlisted prior to October 13, 2017. Two days later, the Department sought an administrative stay of one week, to allow time for the Solicitor General to decide whether to appeal the order; the court denied that motion the same day. The court’s order clarified that any application which had previously been returned to its applicant would have to be re-submitted in order to be certified.

The plaintiffs filed an amended complaint on November 3, 2017. On November 15, they moved to enforce the preliminary injunction, alleging that the Department was not complying with the court’s order: it was not promptly completing N-426 forms, it had “imposed new administrative pre-conditions for issuance of N-426 forms,” and it had not informed unit commanders or class members of the requirements of the preliminary injunction.

The same week, the Department moved for dismissal or for summary judgment. Acknowledging that the court had already granted class certification in Nio, the Department did not oppose the plaintiffs’ class certification motion in this case. It did, however, seek to limit the class to include only those who qualified as of the date of class certification. When the court granted certification on December 1, 2017, it specified no cut-off date for class membership; it simply specified MAVNI soldiers who had not received a duly authenticated N-426.

On December 15, 2017, the court ordered the Department to submit regular status reports. (This order was eventually vacated in June 2020.)

On January 11, 2018, the court dismissed the plaintiffs’ substantive due process claim, but denied the Department’s motion to dismiss (or grant summary judgment on) the remainder of the plaintiffs’ claims. 285 F. Supp. 3d 257. On May 23, the court denied the Department’s motion to reconsider. 315 F. Supp. 3d 266. The case was referred to Magistrate Judge Michael Harvey for mediation in December 2019; as of August 2020, negotiations continue.

Summary Authors

Gregory Marsh (8/28/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6147056/parties/kirwa-v-united-states-department-of-defense/


Judge(s)

Harvey, G. Michael (District of Columbia)

Huvelle, Ellen Segal (District of Columbia)

Attorneys(s) for Plaintiff

Baruch, Douglas W. (District of Columbia)

Beary, Webster R.M (District of Columbia)

Gates, Shaun A (District of Columbia)

Kaplan, Kayla M.S. (District of Columbia)

Lobue, Joseph W. (District of Columbia)

Raol, Neaha P (District of Columbia)

St. Romain, Katherine L (District of Columbia)

Wollenberg, Jennifer M (District of Columbia)

Judge(s)

Harvey, G. Michael (District of Columbia)

Huvelle, Ellen Segal (District of Columbia)

Attorneys(s) for Plaintiff

Baruch, Douglas W. (District of Columbia)

Beary, Webster R.M (District of Columbia)

Gates, Shaun A (District of Columbia)

Kaplan, Kayla M.S. (District of Columbia)

Lobue, Joseph W. (District of Columbia)

Raol, Neaha P (District of Columbia)

St. Romain, Katherine L (District of Columbia)

Wollenberg, Jennifer M (District of Columbia)

Attorneys(s) for Defendant

Dugan, Joseph C. (District of Columbia)

Holland, Liam (District of Columbia)

Knapp, Michael Fraser (District of Columbia)

Mauler, Daniel (District of Columbia)

Swinton, Nathan Michael (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 7, 2020 Docket
1

Complaint and Prayer for Declaratory, Preliminary and Permanent Injunctive, Administrative Procedure Act, and Mandamus Brief

Sept. 1, 2017 Complaint
29

Memorandum Opinion

285 F.Supp.3d 21

Oct. 25, 2017 Order/Opinion
28

Order

Oct. 25, 2017 Order/Opinion
32

Amended Order

Oct. 27, 2017 Order/Opinion
33

Amended Complaint

Nov. 3, 2017 Complaint
37

Order

Nov. 16, 2017 Order/Opinion
47

Memorandum Opinion

Dec. 1, 2017 Order/Opinion
60

Memorandum Opinion

285 F.Supp.3d 257

Jan. 11, 2018 Order/Opinion
92

Memorandum Opinion and Order

2018 WL 7141989

May 23, 2018 Order/Opinion

Resources

Title Description External URL

Kirwa, et al. v. United States Department of Defense, et al., Civil Action No. 17-1793

MAVNI Federal Class Action Litigation

If you are a service member who has served or is serving in the Selected Reserve of the Ready Reserve (the “Selected Reserve”), who enlisted through the MAVNI program, and who has not yet become a na… May 31, 2019 https://dcfederalcourtmavniclasslitigation.org/

Resources Related to DOD’s Tightening of Rules and Discharges of Immigrants from the Military

American Immigration Lawyers Association

In October 2017, the Department of Defense issued several memoranda that tightened the rules for immigrants joining the military. <br /> <br />The Congressional Research Service issued an In Focus re… July 24, 2020 https://www.aila.org/infonet/dod-tightens-rules-for-immigrants-joining-military

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6147056/kirwa-v-united-states-department-of-defense/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
165

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration)(Mauler, Daniel) (Entered: 07/17/2019)

1 Declaration

View on PACER

July 17, 2019 PACER
166

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re 165 Status Report (This document is SEALED and only available to authorized persons.)(Mauler, Daniel) (Entered: 07/17/2019)

July 17, 2019 PACER
167

TRANSCRIPT OF PROCEEDINGS before Judge Ellen S. Huvelle held on 6-17-19; Page Numbers: 1-59. Date of Issuance:7-19-19. Court Reporter/Transcriber Lisa Griffith, Telephone number (202) 354-3247, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/9/2019. Redacted Transcript Deadline set for 8/19/2019. Release of Transcript Restriction set for 10/17/2019.(Griffith, Lisa) (Entered: 07/19/2019)

July 19, 2019 PACER
168

NOTICE of Change of Address by Jennifer M. Wollenberg (Wollenberg, Jennifer) (Entered: 07/22/2019)

July 22, 2019 PACER
169

NOTICE of Change of Address by Douglas W. Baruch (Baruch, Douglas) (Entered: 07/22/2019)

July 22, 2019 PACER
170

Joint STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Mauler, Daniel) (Entered: 07/30/2019)

July 30, 2019 PACER
171

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Exhibit (Declaration of Lin H. St. Clair))(Mauler, Daniel) (Entered: 07/31/2019)

1 Exhibit (Declaration of Lin H. St. Clair)

View on PACER

July 31, 2019 PACER

.Order

July 31, 2019 PACER
172

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re 171 Status Report (This document is SEALED and only available to authorized persons.)(Mauler, Daniel) (Entered: 07/31/2019)

July 31, 2019 PACER

MINUTE ORDER. Pursuant to the parties' 170 joint status report of 7/30/19, it is HEREBY ORDERED that the parties shall file another joint status report on or before 8/30/19 at 12:00 p.m. advising the Court of the parties' progress in discussions regarding the status of this case. Signed by Judge Ellen S. Huvelle on 7/31/19. (lcesh2)

July 31, 2019 PACER

Set/Reset Deadlines: Joint Status Report due by 8/30/2019. (gdf)

July 31, 2019 PACER

Set/Reset Deadlines

Aug. 1, 2019 PACER
173

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Exhibit)(Mauler, Daniel) (Entered: 08/14/2019)

1 Exhibit

View on PACER

Aug. 14, 2019 PACER
174

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re 173 Status Report (This document is SEALED and only available to authorized persons.)(Mauler, Daniel) (Entered: 08/14/2019)

Aug. 14, 2019 PACER
175

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Exhibit)(Mauler, Daniel) (Entered: 08/28/2019)

1 Exhibit

View on PACER

Aug. 28, 2019 PACER
176

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re 175 Status Report (This document is SEALED and only available to authorized persons.)(Mauler, Daniel) (Entered: 08/28/2019)

Aug. 28, 2019 PACER
177

Joint STATUS REPORT (Joint Status Report on Settlement Negotiations) by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Mauler, Daniel) (Entered: 08/30/2019)

Aug. 30, 2019 PACER

.Order

Aug. 30, 2019 PACER

Set/Reset Deadlines

Aug. 30, 2019 PACER

MINUTE ORDER re 177 Joint Status Report: Pursuant to the parties' 177 joint status report of 8/30/2019, it is HEREBY ORDERED that the parties shall file another joint status report on or before 10/30/19 advising the Court of the parties' progress in discussions regarding the status of this case. Signed by Judge Ellen S. Huvelle on August 30, 2019. (AG)

Aug. 30, 2019 PACER

Set/Reset Deadlines: Joint Status Report due by 10/30/2019 (zgdf)

Aug. 30, 2019 PACER
178

NOTICE of Appearance by Kayla M.S. Kaplan on behalf of All Plaintiffs (Kaplan, Kayla) (Entered: 09/03/2019)

Sept. 3, 2019 PACER
179

NOTICE of Appearance by Neaha P. Raol on behalf of All Plaintiffs (Raol, Neaha) (Entered: 09/05/2019)

Sept. 5, 2019 PACER
180

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Exhibit)(Mauler, Daniel) (Entered: 09/11/2019)

1 Exhibit

View on PACER

Sept. 11, 2019 PACER
181

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re 180 Status Report (This document is SEALED and only available to authorized persons.)(Mauler, Daniel) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
182

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration)(Mauler, Daniel) (Entered: 09/25/2019)

1 Declaration

View on PACER

Sept. 25, 2019 PACER
183

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re 182 Status Report (This document is SEALED and only available to authorized persons.)(Mauler, Daniel) (Entered: 09/25/2019)

Sept. 25, 2019 PACER
184

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Exhibit)(Mauler, Daniel) (Entered: 10/09/2019)

1 Exhibit

View on PACER

Oct. 9, 2019 PACER
185

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re 184 Status Report (This document is SEALED and only available to authorized persons.)(Mauler, Daniel) (Entered: 10/09/2019)

Oct. 9, 2019 PACER
186

AFFIDAVIT re 184 Status Report by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Mauler, Daniel) (Entered: 10/09/2019)

Oct. 9, 2019 PACER
187

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Affidavit)(Mauler, Daniel) (Entered: 10/23/2019)

1 Affidavit

View on PACER

Oct. 23, 2019 PACER
188

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re 187 Status Report (This document is SEALED and only available to authorized persons.)(Mauler, Daniel) (Entered: 10/23/2019)

Oct. 23, 2019 PACER
189

Joint STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Mauler, Daniel) (Entered: 10/30/2019)

Oct. 30, 2019 PACER
190

ORDER. A joint status report is due by January 10, 2020, and a joint status conference with Case Nos. 17-cv-998 and 18-cv-1551 is set for Tuesday, January 21, 2020, at 10:30 a.m. in Courtroom 23A. See Order for details. Signed by Judge Ellen S. Huvelle on November 4, 2019. (lcmm) (Entered: 11/04/2019)

Nov. 4, 2019 PACER

Set/Reset Deadlines/Hearings: Joint Status Report due by 1/20/2020. Status Conference set for 1/21/2020 at 10:30 AM in Courtroom 23A before Judge Ellen S. Huvelle. (zjch)

Nov. 4, 2019 PACER

Set/Reset Deadlines/Hearings: Joint Status Report due by 1/10/2020 (zjch)

Nov. 4, 2019 PACER

Set/Reset Deadlines/Hearings

Nov. 5, 2019 PACER
191

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration)(Mauler, Daniel) (Entered: 11/06/2019)

1 Declaration

View on PACER

Nov. 6, 2019 PACER
192

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re 191 Status Report (This document is SEALED and only available to authorized persons.)(Mauler, Daniel) (Entered: 11/06/2019)

Nov. 6, 2019 PACER
193

NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:19-cv-3351. (Wollenberg, Jennifer) (Entered: 11/07/2019)

Nov. 7, 2019 PACER
194

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Exhibit)(Mauler, Daniel) (Entered: 11/20/2019)

1 Exhibit

View on PACER

Nov. 20, 2019 PACER
195

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re 194 Status Report (This document is SEALED and only available to authorized persons.)(Mauler, Daniel) (Entered: 11/20/2019)

Nov. 20, 2019 PACER
196

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration)(Mauler, Daniel) (Entered: 12/04/2019)

1 Declaration

View on PACER

Dec. 4, 2019 PACER
197

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re 196 Status Report (This document is SEALED and only available to authorized persons.)(Mauler, Daniel) (Entered: 12/04/2019)

Dec. 4, 2019 PACER

Order Referring Case to Magistrate Judge

Dec. 13, 2019 PACER

MINUTE ORDER REFERRING CASE for Mediation to Magistrate Judge Michael Harvey: It is hereby ORDERED that this matter is referred to Magistrate Judge Harvey for mediation. On any filing related to the mediation, the parties shall place the initials of Judge Ellen Segal Huvelle and the initials of Magistrate Judge Harvey following the case number in the caption. On any other filings in this case, the parties shall only place the initials of Judge Ellen Segal Huvelle after the case number. Signed by Judge Ellen S. Huvelle on December 13, 2019. (AG)

Dec. 13, 2019 PACER

CASE DIRECTLY REFERRED to Magistrate Judge G. Michael Harvey for mediation. (zsb)

Dec. 13, 2019 PACER
198

ORDER Status Conference set for 1/13/2020 at 11:00 AM in Courtroom 6 before Magistrate Judge G. Michael Harvey.. Signed by Magistrate Judge G. Michael Harvey on 12/16/19. (MFB) (Entered: 12/16/2019)

Dec. 16, 2019 PACER

Case Referred to Magistrate Judge

Dec. 16, 2019 PACER
199

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration)(Mauler, Daniel) (Entered: 12/18/2019)

1 Declaration

View on PACER

Dec. 18, 2019 PACER
200

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re 199 Status Report (This document is SEALED and only available to authorized persons.)(Mauler, Daniel) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
201

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration)(Mauler, Daniel) (Entered: 01/02/2020)

1 Declaration

View on PACER

Jan. 2, 2020 PACER
202

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re 201 Status Report (This document is SEALED and only available to authorized persons.)(Mauler, Daniel) (Entered: 01/02/2020)

Jan. 2, 2020 PACER

Status Conference

Jan. 13, 2020 PACER

Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Status Conference held on 1/13/2020. Minute Order to be issued by the Court stating future hearings and deadlines. Court Reporter: N/A Hearing was not on record. Plaintiffs' Counsel: Douglas Baruch, Jennifer Wollenberg, Kayla Kaplan, Neaha Raol, and Ben Mendelson. Defendants' Counsel: Nathan Swinton, Daniel Mauler, and Michael Fucci. (zpt).

Jan. 13, 2020 PACER
203

ORDER. See Order for additional deadlines and instructions. Settlement Conference set for 2/24/2020 at 10:00 AM in Courtroom 6 before Magistrate Judge G. Michael Harvey. Telephone Conference set for 1/17/2020 at 04:00 PM in Courtroom 6 before Magistrate Judge G. Michael Harvey. Settlement Conference set for 3/3/2020 at 10:00 AM in Courtroom 6 before Magistrate Judge G. Michael Harvey. Settlement Conference set for 3/5/2020 at 10:00 AM in Courtroom 6 before Magistrate Judge G. Michael Harvey.. Signed by Magistrate Judge G. Michael Harvey on 1/13/20. (MFB) (Entered: 01/13/2020)

Jan. 13, 2020 PACER
204

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Exhibit)(Mauler, Daniel) (Entered: 01/15/2020)

1 Exhibit

View on PACER

Jan. 15, 2020 PACER

.Order

Jan. 15, 2020 PACER
205

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re 204 Status Report (This document is SEALED and only available to authorized persons.)(Mauler, Daniel) (Entered: 01/15/2020)

Jan. 15, 2020 PACER
206

AFFIDAVIT re 204 Status Report (Declaration in Support of Status Report) by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Mauler, Daniel) (Entered: 01/15/2020)

Jan. 15, 2020 PACER

MINUTE ORDER: With the parties' consent, it is hereby ORDERED that the status hearing scheduled on January 21, 2020, is hereby VACATED. Signed by Judge Ellen S. Huvelle on January 15, 2020. (lcmm)

Jan. 15, 2020 PACER

Notice of QC

Jan. 16, 2020 PACER

NOTICE OF ERROR re 205 Sealed Document; emailed to dan.mauler@usdoj.gov, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Do Not Refile. Please remember that all filings must comply with LcvR 5.1(d) Form of Documents. (ztd, )

Jan. 16, 2020 PACER

.Order

Jan. 17, 2020 PACER

MINUTE ORDER: With the parties' consent, it is hereby ORDERED that the requirement that the parties file a joint status report on Monday, January 20, 2020, is hereby VACATED. Signed by Judge Ellen S. Huvelle on January 17, 2020. (lcmm)

Jan. 17, 2020 PACER
207

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration)(Mauler, Daniel) (Entered: 01/29/2020)

1 Declaration

View on PACER

Jan. 29, 2020 PACER
208

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re 207 Status Report (This document is SEALED and only available to authorized persons.)(Mauler, Daniel) (Entered: 01/29/2020)

Jan. 29, 2020 PACER
209

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration Declaration of Lin St. Clair)(Swinton, Nathan) (Entered: 02/12/2020)

1 Declaration Declaration of Lin St. Clair

View on PACER

Feb. 12, 2020 PACER
210

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE(This document is SEALED and only available to authorized persons.)(Swinton, Nathan) (Entered: 02/12/2020)

Feb. 12, 2020 PACER

Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Settlement Conference held on 2/24/2020. (MFB)

Feb. 24, 2020 PACER

Settlement Conference

Feb. 25, 2020 PACER
211

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Swinton, Nathan) (Entered: 02/26/2020)

Feb. 26, 2020 PACER
212

AFFIDAVIT re 211 Status Report by MARK T. ESPER, JAMES MATTIS, UNITED STATES DEPARTMENT OF DEFENSE. (Swinton, Nathan) (Entered: 02/26/2020)

Feb. 26, 2020 PACER
213

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE(This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit)(Swinton, Nathan) (Entered: 02/26/2020)

Feb. 26, 2020 PACER

Set/Reset Hearings

March 5, 2020 PACER

Set/Reset Hearings: Settlement Conference set for 3/30/2020 at 10:00 AM in Courtroom 6 before Magistrate Judge G. Michael Harvey. (MFB)

March 5, 2020 PACER
214

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration)(Swinton, Nathan) (Entered: 03/11/2020)

1 Declaration

View on PACER

March 11, 2020 PACER
215

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE(This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit)(Swinton, Nathan) (Entered: 03/11/2020)

March 11, 2020 PACER

Telephone Conference

March 24, 2020 PACER

Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Telephone Conference held on 3/24/2020. (MFB)

March 24, 2020 PACER
216

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration)(Swinton, Nathan) (Entered: 03/25/2020)

1 Declaration

View on PACER

March 25, 2020 PACER
217

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE(This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit)(Swinton, Nathan) (Entered: 03/25/2020)

March 25, 2020 PACER
218

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration)(Swinton, Nathan) (Entered: 04/08/2020)

1 Declaration

View on PACER

April 8, 2020 PACER
219

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE(This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit)(Swinton, Nathan) (Entered: 04/08/2020)

April 8, 2020 PACER

Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Telephone Conference held on 4/21/2020. (MFB)

April 21, 2020 PACER

Telephone Conference

April 22, 2020 PACER
220

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration)(Swinton, Nathan) (Entered: 04/22/2020)

1 Declaration

View on PACER

April 22, 2020 PACER
221

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE re 220 Status Report (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit)(Swinton, Nathan) (Entered: 04/22/2020)

April 22, 2020 PACER

Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Telephone Conference held on 4/22/2020. (MFB)

April 22, 2020 PACER

Telephone Conference

April 23, 2020 PACER

Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Telephone Conference held on 4/28/2020. (MFB)

April 28, 2020 PACER

Telephone Conference

April 29, 2020 PACER
222

NOTICE by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Declaration)(Swinton, Nathan) (Entered: 04/30/2020)

1 Declaration

View on PACER

April 30, 2020 PACER
223

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration)(Swinton, Nathan) (Entered: 05/06/2020)

1 Declaration

View on PACER

May 6, 2020 PACER
224

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE(This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit)(Swinton, Nathan) (Entered: 05/06/2020)

May 6, 2020 PACER
225

SEALED DOCUMENT filed by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE(This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit)(Swinton, Nathan) (Entered: 05/20/2020)

May 20, 2020 PACER
226

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration)(Swinton, Nathan) (Entered: 05/20/2020)

1 Declaration

View on PACER

May 20, 2020 PACER

Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Telephone Conference held on 5/28/2020. (MFB)

May 28, 2020 PACER

Telephone Conference

May 28, 2020 PACER
227

STATUS REPORT by MARK T. ESPER, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration)(Swinton, Nathan) (Entered: 06/03/2020)

1 Declaration

View on PACER

June 3, 2020 PACER

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Sept. 1, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Non-citizen soldiers in the U.S. military seeking naturalization through the Military Accessions Vital to the National Interest (“MAVNI”) program.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States Department of Defense, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Reporting

Issues

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

U.S. citizenship - acquiring