Yoichi Fujii v. John Foster Dulles, Secretary of State of the United States

The complaint in the instant action was filed in the Trial Court on June 4, 1956. Thereafter appellee filed a motion to dismiss on the ground that the Trial Court lacked jurisdiction of the subject matter. There was also filed, in due course, a motion for summary judgment on the ground that the same issues presented by the complaint were adversely decided against appellant in a former action between the same parties. The Trial Court treated both motions as “one for summary judgment”.

The two cases, the instant and the former, were disposed of by dismissals of the complaints without further pleading.

The instant action seeks a declaration of status as an American National under section 503 of the Nationality Act of 1940, 8 U.S.C.A. section 903 (1942 ed.). It is alleged that appellant’s rights to such a determination are preserved by the “savings clause” of the Immigration and Nationality Act of 1952, section 405 (a), (note to 8 U.S.C.A. § 1101 ), for the reason that at the time of the enactment of the 1952 Act, he was a citizen of the United States and a resident of Hawaii, temporarily residing in Japan who had been denied a right or privilege by a Department or agency of the…