Ninth Circuit Deciusion on Military Discharge

The Ninth Circuit in Gallarde v. INS (here) (May 11, 2007) issued an interesting ruling on Immigration and Nationalty Act 315.  Here is the holding:

“For nearly ninety years it has been clearly established that aliens who seek exemption from compulsory military service – the draft – based on alienage will be forever barred from becoming United States citizens. Here, we are asked to decide whether this bar to citizenship applies to an alien who voluntarily enlisted in the United States Navy, sought discharge short of completing his enlistment term on the basis of alienage, and was honorably discharged. We hold that the bar does not apply.” 

The opinion was written by Judge Carlos Bea.  The case involved a Filipino national who, after injuring his back and being denied a discharge on that basis, sought a discharge from the Navy on alienage grounds.

KJ