United States Ninth Circuit

In the context of the bar imposed on aliens who seek exemption from compulsory military service, or the draft, based on alienage from becoming U.S. citizens, that bar to citizenship applies only to aliens exempted or discharged on the basis of alienage from compulsory training and service in the Armed Forces. Thus, the bar does not apply to an alien who voluntarily enlisted in the U.S. Navy, sought discharge short of completing his enlistment term on the basis of alienage, and was honorably discharged.

Appellate Information

• Argued 10/26/2006
• Decided 05/11/2007
• Published 05/11/2007

Judges

• BEA, Circuit Judge., Before:  MYRON H. BRIGHT,A. WALLACE TASHIMA, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Howard Hom, Esq., and Gail A. Dulay, Esq., San Diego, CA, for plaintiff-appellant Paulo E. Gallarde.


• For Appellees:
  
• Samuel W. Bettwy, Assistant United States Attorney, San Diego, CA, for the defendant-appellee the United States Department of Homeland Security.