Dulles

Plaintiff, bom of Japanese parents in California in 1915, seeks a declaration of his status as a national of the United States. 8 U.S.C.A. § 903 . 1 The United States opposes plaintiff on the ground that he has expatriated himself within the meaning of 8 U.S.C.A. § 801 (c). 2

The relevant facts are as follows:

Plaintiff, after living in California during his childhood, went to Japan for his education. He remained there until 1939 in which year he returned to the United States. He registered for the Draft in California in 1940. In 1941, after obtaining a 1-B classification, plaintiff received a communication from Japan requesting that he return to that country because of the illness of his father. With the consent of his Draft Board he went back to Japan. While there he requested and obtained extensions from his Draft Board. During his last extension, war commenced between Japan and the United States.

Toward the end of July 1945 the Japanese army conscripted plaintiff for duty. He served for a period of approximately five weeks, obtaining his release August 29, 1945. He did not protest his conscription.

At the conclusion of the war plaintiff took steps to return to this…