Valle

MEMORANDUM *

We affirm the decision of the district court that plaintiff Margarito O. Valle is not entitled to be naturalized as a Filipino War Veteran because he does not meet the eligibility criteria established by statute. See 8 U.S.C. § 1440 note.

Mr. Valle submitted evidence to the district court that he served in the Cebu Guerilla Command in the Philippines during World War II, as a member of the forces that resisted Japanese control until the United States Army arrived in 1945. Mr. Valle conceded, however, that his name does not appear on the final roster prepared by the Guerilla Affairs Division (“GAD”) of the United States Army of those who served honorably within a recognized guerilla unit during the World War II occupation and liberation of the Philippines. The district court also concluded the evidence shows that Mr. Valle’s guerilla service was never certified by the United States Department of the Army.

*948 In 1997, Congress amended section 405 of the Immigration Act, 8 U.S.C. § 1440 note. Pub.L. 105-119, Title I, § 112(b)-(d), 111 Stat. 2459 (codified at 8 U.S.C. § 1440 note). The 1997 amendments specify that World War II veterans of recognized guerilla units in…