Acheson, Secretary of State v. Nobuo Ishimaru

This matter is befo-re us on a motion to dismiss the appeal of the Secretary of State on the ground that the order of which he seeks review ’is not appealable. By agreement of .the parties, the appeal is likewise before us for decision on the merits in event the motion to dismiss is denied.

•In 1948 appellee (hereafter called the plaintiff) brought suit against the Secretary pursuant to § 503 of the Nationality Act of 1940, 8 U.S.C.A. § 903 , *to obtain a judgment declaring him to be a national of the United States. The Secretary answered, but notwithstanding the suit has long been at issue it has not been tried, allegedly because of the refusal of the 'Consular authorities to grant the plaintiff’s application for a certificate of identity so that he may come to Hawaii, where the suit is pending, to testify in his case. 'Consult Statute, note 1, supra. In March of 1950 plaintiff moved for an order directing the Secretary to issue such a certificate, supporting the motion by an affidavit of his counsel giving an account of the circumstances. The matters stated in the affidavit were not controverted by the Secretary, and the court ordered the latter to issue a certificate, or other…