Acheson, Secretary of State of United States v. Mariko Kuniyuki

Appellee, Mariko Kuniyuki, was born in the United States on July 2, 1916, was taken to Japan in 1918, remained in Japan until November, 1940, then returned to the United States, remained in the United States until August, 1941, then returned to Japan, remained in Japan until August, 1950, and then returned to the United States. In 1946 and 1947 she voted in six Japanese elections. Thereafter, prior to May 25, 1950, she applied to a United States consul in Japan for registration as a national of the United States. The application was denied on the ground that, in view of 8 U.S.C.A. § 801 , she was not a national of the United States, having lost such nationality by voting in Japanese elections. Thereafter, on May 25, 1950, she instituted an action under 8 U.S.C.A. .§ 903 against appellant, Dean Acheson, Secretary of State, in the District Court for the Western District of Washington— the district in which she claimed her permanent residence — for a judgment declarmg her to be a national of the United States. Appellant defended on the ground that appellee had lost her United States nationality by voting in Japanese elections —a defense based on § 801. A trial was had, an opinion was…