Inouye

Clark v. Inouye

Good Law
175 F.2d 740·1949 U.S. App. LEXIS 2420
United States Court of Appeals for the Ninth CircuitJune 23, 1949No. 11839California1,225 words

Opinion

Lead Opinion

Denman, J.

This is an appeal from a judgment declaring that the renunciations of citizenship executed by appellees are null and void and restoring appellees to their rights, of United States citizenship.

Appellees, all of whom were born in the United States, were interned in Relocation Centers established to take care of persons of Japanese ancestry after their exclusion from certain areas of the West Coast in 1942. Pursuant to 58 Stal. 677, 8 U.S.C. § 801 (i), 8 U.S.C.A. § 801 (i) 1 enacted in 1944, appellees executed written renunciations of their United States citizenship. In this action, commenced under 8 U.S.C. § 903 , 8 U.S.C.A. § 903 2 , appellees seek a judgment declaring that these renunciations be cancelled and that they are citizens of the United States. Before the commencement of this action appellees were released from the internment above described.

At the outset, we are met with the contention of appellants, raised here for the first time, that the court below was without jurisdiction to entertain such a suit against such government officials because there is no allegation of any facts showing any denied right.

The amended complaint, paragraph III, alleged in part that “the…

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