Paulo E. Gallarde v. Immigration and Naturalization Service

BEA, Circuit Judge.

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 alien-age, and was honorably discharged. We hold that the bar does not apply.

Facts

On February 27, 1991, while ground combat operations during Operation Desert…