Kiyoshi Kawaguchi v. Acheson, Secretary of State

The problem presented by this appeal is whether-or not in refusing to grant a re quest for a continuance the trial court committed reversible error.

We think it did, and that the judgment therefore must be reversed.

Briefly, this is an action brought by the appellant, residing in Japan, under Section 503 of the Nationality Act, 8 U.S.C.A. § 903 , 54 Stat. 1171 , for a declaratory judgment upon an issue relating to his alleged United States citizenship.

The matter was set for trial on July 28, 1949. When called on that date, by counsel, appellant asked for a continuance. His request was predicated upon the ground that the United States Consul in Yokohama, Japan, had not yet, despite repeated petitions, acted either favorably or unfavorably upon appellant’s application, under Section 503 of the Act, for a certificate of identity. Where such an application is made in good faith and the claim of citizenship has a substantial basis, such a certificate must issue to enable the applicant to travel to the United States for the limited purpose of attending and testifying at the trial of his pending action.

This appellant, born a citizen of both the United States and of Japan, while in…