889 F. 2d 1095 - Leoncio v. United States

MEMORANDUM**

Benigno Ong Leoncio appeals in pro per from the District Court's judgment denying his petition for naturalization. We affirm.

Appellant is a Filipino national who served honorably in the United States armed forces during World War II. Appellant filed a naturalization petition, claiming that he was entitled to naturalization under the now-expired Sections 701 and 702 of the Nationality Act of 1940. In his petition, appellant asserted that he was a Category I war veteran as defined in Matter of Naturalization of 68 Filipino War Veterans, 406 F.Supp. 931 (N.D.Cal.1975). The District Court held that INS v. Pangilinan, 108 S.Ct. 2210 (1988), bars the naturalization of any petitioners under Sections 701 and 702 of the Nationality Act of 1940, and consequently denied appellant's petition.

Appellant concedes that Pangilinan bars the naturalization under Sections 701 and 702 of those war veterans classified in 68 Veterans as Category II and Category III veterans. However, he argues that Pangilinan does not bar the naturalization of Category I veterans. This argument was squarely rejected by Agcaoili v. Gustafson, 870 F.2d 462 (9th Cir.1989) (per curiam), which held that the rule of Pangilinan extends to Category I veterans as well as Category II and III veterans.

Appellant argues that Agcaoili was wrongly decided and should therefore be disregarded. We are without authority to reexamine Ninth Circuit law. Greenhow v. Secretary of Health and Human Servs., 863 F.2d 633 (9th Cir.1988).

AFFIRMED.