Norio Kiyama v. John Foster Dulles, as Secretary of State, Miyoko Kiyama v. John Foster Dulles, as Secretary of State

Complaint was filed in this case by Appellants (Plaintiffs below) on September 15, 1949. The cases were consolidated for trial and the trial had July 10, 1956 to July 13, 1956.

On August 27, 1956, the trial Judge rendered judgment in each case for the Appellee (Defendant below) and this appeal is from that judgment.

The record of the trial shows that Appellant Norio Kiyama was born on May 3, 1915, at Los Angeles, California, of Japanese parents, thus acquiring nationality of both the United States and of Japan. He was taken to Japan in 1922 and remained there to receive schooling until 1931 when he returned to the United States. He was at that time sixteen years old.

Appellant Miyoko Adaehi Kiyama was born at Manhattan Beach, California, on October 21, 1921, of Japanese parents. During 1928 she was taken to Japan and remained there until sometime during 1938.

The appellants Norio Kiyama and Miyoko Kiyama were married in December, 1938. Neither ever registered to vote in an American election.

The record shows they are the parents of two children and that the births of the children in 1939 and 1941 were registered with the Japanese Consulate in order that Japanese citizenship…