Kato

The question involved in the present case as to the plaintiff Noburo Kato is whether he has lost his American citizenship by reason of having served in the Japanese Army under the particular facts relating to him.

He was born in the United States in Stockton, California, in 1919, and when he was about fourteen years of age he went to Japan to reside there temporarily for the purpose of studying in the schools, on a United States passport, and while there he maintained his interest in the United States. In 1940 he left college while in Japan solely for the purpose of returning to the United States. He did not return then because he was advised by his uncle and an officer that should he attempt to do so he would be punished as he had secured a deferment from the Japanese Army. He sought to evade being conscripted as he applied for and secured a two-years’ extension. After being informed and discovered that he could not return to the United States he felt that he would have to await to be conscripted. He then received and was compelled to receipt for a notice of conscription which recited that he was conscripted into the active service and ordered to report to the Army Unit. He was…