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GALLARDE v. I.N.S.

No. 04-56353.

486 F.3d 1136 (2007)

Paulo E. GALLARDE, Plaintiff-Appellant, v. IMMIGRATION and NATURALIZATION SERVICE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 11, 2007.

Attorney(s) appearing for the Case

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

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

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

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...

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