Edwin Shigeo Fukumoto v. John Foster Dulles, as Secretary of State

Fukumoto appeals from a judgment in a suit under 8 U.S.C. § 903 [1952 Revision 8 U.S.C.A. § 1503 ], denying his petition that he be declared a national of the United States, holding he had renounced his American citizenship by obtaining a restoration of his nationality in Japan after he had previously renounced it, and hence expatriated himself within 8 U.S.C. 801(a) [1952 Revision 8 U.S.C.A. § 1481 (a)].

Fukumoto’s complaint alleges that he was born on May 6, 1921, at Wailuku, Maui, Territory of Hawaii. His parents are of Japanese descent, and by virtue of his birth of parents of Japanese descent, under the provisions of Japanese law he was born a national of Japan in addition to having been bom a citizen of the United States. It further alleges that while in Japan in September, 1941, the plaintiff renounced and abandoned his Japanese nationality. Dulles agrees that these allegations state the facts.

Having thus become solely a citizen of the United States, the complaint further alleges that: “Stranded in Japan during the war, in September, 1943, the Plaintiff made an application for the recovery of his Japanese nationality; said application was made by the Plaintiff under…

(dissenting).

On the whole record I think the trial judge had a right to conclude that appellant had voluntarily abandoned his United States citizenship. I would affirm the judgment of the lower court.

216 F.2d 553 Edwin Shigeo FUKUMOTO, Appellant, v. John Foster DULLES, as Secretary of State, Appellee. No. 13708. United States Court of Appeals Ninth Circuit. October 5, 1954. Fong, Miho, Choy & Chuck, Honolulu, T. H., A. L. Wirin and Fred Okrand, Los Angeles, Cal., for appellant. A. William Barlow, U. S. Atty., Louis B. Blissard, Asst. U. S. Atty., Honolulu, Hawaii, Lloyd H. Burke, U. S. Atty., San Francisco, Cal., for appellee. Before DENMAN, Chief Judge, and BONE and ORR, Circuit Judges. DENMAN, Chief Judge. 1 Fukumoto appeals from a judgment in a suit under 8 U.S.C. § 903 [1952 Revision 8 U.S.C.A. § 1503 ], denying his petition that he be declared a national of the United States, holding he had renounced his American citizenship by obtaining a restoration of his nationality in Japan after he had previously renounced it, and hence expatriated himself within 8 U.S.C. 801(a) [1952 Revision 8 U.S.C.A. § 1481 (a)]. 1 2 Fukumoto's complaint alleges that he was born on May 6, 1921, at Wailuku, Maui, Territory of Hawaii. His parents are of Japanese descent, and by virtue of his birth of parents of Japanese descent, under the provisions of Japanese law he was born a…