Tsuyoshi Iwamoto v. John Foster Dulles, Secretary of State of the United States

Iwamoto, who is appellant here, filed a complaint under provisions of the Nationality Act of 1940, 2seeking to obtain a declaration that he is a national of the United States. There was an answer filed. A trial was held. The District Court found that Iwamoto made a “cold and calculated choice” of Japanese citizenship when “he was not intimidated or coerced in any manner” and thus had “voluntarily expatriated himself” as a national of the United States. A judgment was entered in favor of the Secretary of State and against Iwamoto, wherein the relief prayed for was denied. Appeal followed.

There are minor questions of law involved. Appellant urges that the judgment of the District Court may be set aside if this Court holds any material finding of fact clearly erroneous. This is familiar law. The principle is expressly crystallized by rule.

Appellant contends that the United States must show by clear, convincing and positive evidence that he, Iwamoto, was not coerced or intimidated when he reacquired Japanese citizenship. This is not a problem here. If there were no evidence on the subject, the burden of proof might be a factor. This Court is confronted with a finding of fact by…