Calixto, et al. v. United States Department of the Army, et al., Civil Action No. 18-1551  

Court certification of a class and approval of the Settlement Agreement:  Through a September 22, 2022 Order (Calixto Docket 257), the Court granted the parties’ Joint Motion for Certification of Class, Appointment of Class Counsel, and Approval of Settlement Agreement (Calixto Docket 253) and thus approved the Settlement Agreement and U.S. Army Certification (Calixto Docket 253-1). 

What this means for MAVNI soldiers:  The Settlement Agreement removes the last known military service-related impediments to naturalization for MAVNI soldiers and for already-naturalized MAVNI soldiers will remove any risk of de-naturalization based on the nature of their U.S. Army service or any past or future “uncharacterized” discharge. 

The Calixto class definition:   Calixto class members include all soldiers who enlisted in the U.S. Army (including Selected Reserve of the Ready Reserve/Delayed Training Program (“DTP”) and Regular Army/Delayed Entry Program (“DEP”) soldiers) through the Military Accessions Vital to the National Interest (“MAVNI”) program, and did so on or prior to September 30, 2017, and either:

  • have not been discharged, or
  • have been discharged by the U.S. Army (including the U.S. Army Recruiting Command and/or the U.S. Army Reserve Command, collectively, the “Army”), where such discharge or separation was not characterized as Honorable, General (under honorable conditions), Under Other Than Honorable Conditions, Bad Conduct, or Dishonorable.

Instructions for Calixto Class Members seeking a Certified N-426:  If you (i) are a Calixto class member, (ii) have not been naturalized as a U.S. citizen, and (iii) are pursuing or seek to pursue naturalization on the basis of U.S. military service under INA 329, you should request a certified Form N-426 (Request For Certification of Military or Naval Service). Pursuant to the Settlement Agreement in the Calixto action, you are entitled to receive a certified N-426 for naturalization purposes even if you have not been shipped to Basic Combat Training (“BCT”). 

To request the Army’s certification on an N-426, please send an email (with the attachments listed below) using the subject line “MAVNI Settlement – [Insert Your Name]” to this email address: usarmy.pentagon.hqda-otjag.mbx.mavnisettlement@army.mil.  Please include Calixto class counsel on your email by copying this email address:  jennifer.wollenberg@morganlewis.com.

Attach both of the following to your email:

  • An N-426 with your sections completed.
    • Please use the most current Form N-426 provided by USCIS, which should be available on the USCIS website.  As of September 2022, the current version was available at https://www.uscis.gov/sites/default/files/document/forms/n-426.pdf.  Do not use a form that includes a past-dated expiration date or that is not currently available on the USCIS website.
    • At the top of the first page of the N-426 form, above the words “Request for Certification” insert the following: “Pursuant to Calixto Settlement Agreement.”
    • Complete the Requestor’s sections of the N-426 form, which request information about you, your enlistment information, your contact information, and your signature/date of signature.  It is important that you complete those sections fully and legibly and include your FULL name, personal email address (not military email address unless you use it regularly), physical mailing address, and personal phone number.  Please note the following:
      • It is important to include your military service number if you have one.  However, many Regular Army or Delayed Entry Program (“DEP”) MAVNI soldiers will not have a military service number, and if that is the case for you, you should leave that part of the form blank.
      • Some MAVNI soldiers may be uncertain about what to insert as their “Service End Date,” including because they do not know if the Army considers them to be discharged from service.  If you have any uncertainty, you may leave that field blank and allow the Army to complete and initial it.
      • In the “Type of Service” field, you also may leave that blank as the Army will make the appropriate selection and initial that selection.
      • It is important that you insert a handwritten signature (do not use a typed or digital signature).
  • A copy of your enlistment contract (DD Form 4).
    • If your contract itself is not available for any reason, you may send ANY proof that you entered into a contract to serve in the Army.
    • If you cannot locate any of these documents, you may still send your N-426 request to the Army, but it may take longer to complete the certification process.

Once you send this email and attachments, the Army will review them and will email you (copying class counsel) if further information is needed.  Once the Army verifies that you are a Calixto class member, it will send you a certified N-426 by email to the same email address you used to submit your request, with a copy to class counsel.  You may then, pursuant to INA 329, provide that N-426 to USCIS in support of an existing naturalization application or with an initial N-400 submission.

Key documents from the Calixto action can be found through these links:

Please check back periodically as class counsel for the Kirwa, Nio, and Calixto classes will be adding and updating documents and information found on this Site.

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This website and the materials provided herein are made available by class counsel to provide publicly available information regarding the Kirwa, Nio and Calixto class actions.  Nothing on this website creates or establishes any attorney client relationships between class counsel and any persons or entities.   Your use of the Site is conditioned on your understanding and acknowledgement that (1) the material and information on the Site is not offered as and does not provide legal advice on any matter and should not be used as a substitute for seeking legal advice, and (2) class counsel and site administrators are not and will not be responsible for any errors or omissions on this website or any action or failure to act in reliance upon information on the Site.