In the Matter of the Petition for Naturalization of Arthur Espineli Reyes. Arthur Espineli Reyes v. U.S. Department of Immigration and Naturalization

FACTS

Arthur Espineli Reyes was born in 1958 in the Philippines. He enlisted in the United States Navy in the Philippines on January 5, 1981, and was honorably discharged on December 20, 1984. He immediately reenlisted on December 21, 1984 and has served honorably through the present time.

Reyes filed a naturalization petition with the Immigration & Naturalization Service on October 7, 1987. He was then interviewed by an immigration examiner who determined he was in this country solely by virtue of his status in the military and was not a lawful permanent resident. The examiner recommended denial of the petition. At a final hearing before the district court, Reyes argued he was eligible for naturalization pursuant to section 329 of the Immigration and Naturalization Act, 8 U.S.C. § 1440 (a) (1988), which applies to members of the armed services who served honorably during periods of military hostilities. Section 329 provides:

8 U.S.C. § 1440 (a) (emphasis added).

President Reagan issued an Executive Order on February 2,1987, authorizing naturalization of service members who participated in designated areas in the Grenada Campaign between October 25, 1983 and November 2, 1983.…