Antonio Mendoza Banaag v. United States

CHOY, Circuit Judge:

Antonio Mendoza Banaag is a 54-year-old citizen of the Philippines. He served in the armed forces of the United States from May 20, 1946 to April 22, 1949 and received an honorable discharge. In 1978, while in the United States as a nonimmigrant temporary worker, he filed a petition for naturalization based on his service in the armed forces. The district court denied his petition.

Banaag appeals from the district court’s denial of his petition arguing that he is eligible for naturalization under each of three statutes granting preferential treatment to certain aliens who…