Namba

This is a suit under Section 503 of the United States Nationality Act, 8 U.S.C. § 903 . 1 Plaintiff prays for a decree adjudging that he is a citizen of the United States and entitled to the rights and privileges accompanying that status. The facts are undisputed and appear in the record as follows:

Plaintiff was born in the United States of Japanese citizen parents, thus acquiring a dual citizenship and nationality under then existing laws of Japan and the United States. In 1935, plaintiff went to Japan for purposes of study. In 1936, he registered with the American Consulate as an American citizen living abroad, advising that he would return to the United States after six years, at the completion of his training. In 1938 he *634 registered again, advising that he would return after four years more. In 1940 he again registered with the Consulate, advising that he would return in two years. In 1943, plaintiff was conscripted into the Japanese Army. He was discharged in April of 1946. The record shows that he made no protest to the Japanese authorities at the time of his conscription. This case arose when plaintiff was refused a passport to enter the United States on the ground…