Furuno
Furuno v. Acheson
Opinion
lead Opinion
Byrne, J.
This is an action for a declaratory judgment of United States nationality instituted pursuant to 8 U.S.C.A. § 903 .
Plaintiff was born in Pasadena, California, on July 30, 1925. At the age of three he was taken to Japan by his parents where he attended school until 1944. The notice of intention to retain Japanese nationality as required by Japanese law was not filed on behalf of the plaintiff within the required fourteen days after birth, and there is no contention that the plaintiff now is, or ever has been, a Japanese national. Between March 14, 1945 and March 12, 1948, plaintiff was employed in the engine room on Japanese government ferry boats repairing and operating engines. During the portion of that period subsequent to the early part of 1947 his work was under the direction of the American occupation forces. He was a first class engineer on small boats and a second class engineer on larger boats. On April 10, 1946, plaintiff voted in a Japanese general election. In the spring of 1949 he applied for an American passport as a citizen of the United States at the office of the United States Consul at Kobe, Japan. His request for a passport was denied and the Consul issued to…