John Foster Dulles, as Secretary of State of the United States v. Sukejiro Katamoto

This is an appeal from a judgment of the District Court for the District of Hawaii, sitting without a jury, in a 8 U.S.C. § 903 case. The questions presented are: (A) Does the law of Japan require one to be solely a Japanese national to teach English in a Japanese school and hence require of Katamoto, a dual citizen of the United States and Japan, born in Hawaii of Japanese parents, that he surrender his United States citizenship to teach English there? (B) Should § 401(d) of the Nationality Act of 1940 be construed to deprive of his American citizenship a dual American-Japanese citizen who accepts employment as a school teacher in Japan? (C) Did Katamoto’s six years of residence in Japan deprive him of his American citizenship ?

The heavy burden of proof on the Government seeking to deprive Katamoto of his citizenship under § 401(d) of the Nationality Act of 1940.

That act provides:

The heavy burden of proof in such a denaturalization case has been recently restated by the Supreme Court in Mitsugi Nishikawa v. Dulles, 356 U.S. 129, 133 , 78 S.Ct. 612, 615 , 2 L.Ed.2d 659 , as follows:

A. The Government has not maintained its heavy burden of proof of the fact that under the…