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

Norio Kiyama and Miyoko Kiyama filed separate actions seeking declarations that each was a national of the United States. The cases were consolidated and tried. Norio Kiyama was born on May 3, 1915, at Los Angeles, California, of Japanese parents. He was taken to Japan in 1922, and remained there until 1931, when he returned to the United States. Miyoko Kiyama was born at Manhattan Beach, California. During 1928, she was taken to Japan and remained there until 1938. Appellants were married in December, 1938.

Both were interned at various centers during the war, and were finally transferred to Tule Lake. Each signed various papers seeking repatriation to Japan and renouncing United States nationality. After individual hearings were held on the subject, each signed a formal document of renunciation of United States nationality and in December, 1945, voluntarily departed the United States and returned to Japan, where each remained until 1950. They were returned on a Certificate of Identity for the purpose of prosecuting these actions.

The trial court found that the evidence showed that each had voluntarily renounced United States nationality and had been repatriated to Japan. The…