Paulo E. Gallarde v. Immigration and Naturalization Service

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 Storm were underway in Kuwait and Iraq, Paulo E. Gallarde (“Gallarde”), a 32 year-old Philippine national, immigrated to the United States as a lawful permanent resident alien. Eight months later, Gal-larde voluntarily enlisted in the United States Navy, thereby incurring a four-year active duty service obligation. After serving seven months in the United States Navy Reserve, Gallarde entered active duty on May 5,1992.

In March 1993, Gallarde injured his back while on duty. As a result of that injury, Gallarde claims to have endured pain on a daily basis and to have begun experiencing numbness in his left…