B-126334, AUG. 14, 1956

B-126334: Aug 14, 1956

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THAT NO PART OF ANY APPROPRIATION SHALL BE USED DURING THE 1956 FISCAL YEAR TO PAY THE COMPENSATION OF AN EMPLOYEE WHOSE POST OF DUTY IS IN CONTINENTAL UNITED STATES UNLESS SUCH EMPLOYEE IS A CITIZEN OF THE UNITED STATES. IT APPEARS FROM YOUR SUBMISSION THAT THIS EMPLOYEE WAS BORN AT EL MONTE. HE WAS REMOVED FROM THE HEART MOUNTAIN RELOCATION CENTER TO TULE LAKE. THE WAR RELOCATION AUTHORITY WAS ADVISED ON MARCH 22. BY THE ATTORNEY GENERAL THAT APPROVAL OF THE RENUNCIATION WAS NOT CONTRARY TO THE INTERESTS OF NATIONAL DEFENSE. WAS READMITTED TO THE UNITED STATES AT SAN FRANCISCO ON FEBRUARY 22. HE STATED THAT THE REASON HE APPLIED FOR REPATRIATION TO JAPAN WAS THAT HE WAS A MINOR AND HIS MOTHER REQUESTED HIM TO DO SO AT THE SAME TIME THAT SHE RENOUNCED HER CITIZENSHIP.

B-126334, AUG. 14, 1956

TO HONORABLE PHILIP YOUNG, CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION:

YOUR LETTER OF DECEMBER 8, 1955, CALLS OUR ATTENTION TO THE CASE OF AN INDEFINITE SUBSTITUTE EMPLOYEE OF THE POST OFFICE DEPARTMENT, GUS YOSHIO KAWATO, FOR CONSIDERATION UNDER THE PROVISION IN SECTION 202 OF THE GENERAL GOVERNMENT MATTERS APPROPRIATION ACT OF 1956, PUBLIC LAW 110, 69 STAT. 195, THAT NO PART OF ANY APPROPRIATION SHALL BE USED DURING THE 1956 FISCAL YEAR TO PAY THE COMPENSATION OF AN EMPLOYEE WHOSE POST OF DUTY IS IN CONTINENTAL UNITED STATES UNLESS SUCH EMPLOYEE IS A CITIZEN OF THE UNITED STATES.

IT APPEARS FROM YOUR SUBMISSION THAT THIS EMPLOYEE WAS BORN AT EL MONTE, CALIFORNIA, MARCH 16, 1926. HE ENTERED THE POMONA ASSEMBLY CENTER, MAY 14, 1942, AND THE HEART MOUNTAIN RELOCATION CENTER, MAY 15, 1943. REGISTERED FOR SELECTIVE SERVICE OCTOBER 27, 1944, WITH LOCAL BOARD NO. 4, MODOC COUNTY, CALIFORNIA. HE WAS REMOVED FROM THE HEART MOUNTAIN RELOCATION CENTER TO TULE LAKE, CALIFORNIA, IN SEPTEMBER 1943 AND FORT BISMARCK, NORTH DAKOTA, IN FEBRUARY 1945. WHILE AT TULE LAKE HE RENOUNCED HIS CITIZENSHIP AND REQUESTED RETURN TO JAPAN. THE WAR RELOCATION AUTHORITY WAS ADVISED ON MARCH 22, 1945, BY THE ATTORNEY GENERAL THAT APPROVAL OF THE RENUNCIATION WAS NOT CONTRARY TO THE INTERESTS OF NATIONAL DEFENSE.

WE UNDERSTAND THAT MR. KAWATO LEFT THIS COUNTRY ON DECEMBER 31, 1945. WHILE IN JAPAN HE WORKED WITH THE ARMY IN A CIVILIAN CAPACITY AND FOR PAN AMERICAN AIRWAYS. HE LEFT TOKYO ON FEBRUARY 7, 1952, AND WAS READMITTED TO THE UNITED STATES AT SAN FRANCISCO ON FEBRUARY 22, 1952.

IN HIS APPLICATION FOR A PASSPORT TO RE-ENTER THIS COUNTRY EXECUTED JUNE 27, 1950, HE STATED THAT THE REASON HE APPLIED FOR REPATRIATION TO JAPAN WAS THAT HE WAS A MINOR AND HIS MOTHER REQUESTED HIM TO DO SO AT THE SAME TIME THAT SHE RENOUNCED HER CITIZENSHIP. ALSO, THAT THERE WERE DURESS AND COERCION BY LEADERS AND ALIENS OF PRO-JAPANESE GROUPS. HE WAS ISSUED PASSPORT NO. 3192, DECEMBER 5, 1951, AT TOKYO, JAPAN, FOR THE PURPOSE OF RETURNING TO THE UNITED STATES TO JOIN HIS FAMILY. THE PASSPORT WAS DESIGNATED AS BEING VALID FOR RE-ENTRY IN THE UNITED STATES BEFORE JUNE 5, 1952. IN A REPORT FROM THE POST OFFICE DEPARTMENT IT IS STATED THAT THIS PASSPORT WAS ISSUED TO HIM AS A CITIZEN OF THE UNITED STATES AND WAS SIGNED BY THE AMERICAN CONSUL. ON A SEPARATE PAGE OF THE PASSPORT THERE WAS A CERTIFICATE SIGNED BY THE CONSUL STATING THAT THE BEARER HAD SUBMITTED EVIDENCE BELIEVED BY THE CONSUL TO BE SUFFICIENT TO OVERCOME, AS OF DECEMBER 5, 1951, THE PRESUMPTION OF EXPATRIATION UNDER SECTION 402 OF THE NATIONALITY ACT OF 1940.

TITLE I, SUBCHAPTER IV, NATIONALITY ACT OF 1940, 8 U.S.C. 800-810, 1946 EDITION PROVIDES FOR ,LOSS OF NATIONALITY.' SECTION 801 (I), HERE INVOLVED, PERMITS LOSS OF NATIONALITY PURSUANT TO A FORMAL WRITTEN RENUNCIATION. SECTION 801 IS SILENT AS TO THE AGE WHEN A PERSON MAY RENOUNCE HIS CITIZENSHIP. IN MCGRATH V. TADAYASU ABO, 186 F.2D 766, HOWEVER, THE COURT HELD THAT NATIVE BORN PERSONS OF JAPANESE ANCESTRY WHO WERE UNDER 21 YEARS OF AGE AT THE TIME THEY SIGNED RENUNCIATIONS OF AMERICAN CITIZENSHIP ARE INCOMPETENT TO RENOUNCE. TO LIKE EFFECT SEE YUICKI INOUYE V. CLARK, 73 F.SUPP. 1000. ALSO, SEE GENERALLY 8 U.S.C. 802, ACHESON V. MURAKAMI, 176 F.2D 953.

IN THE LIGHT OF THE FACTS SO REPORTED AND THE COURT DECISION CITED WE WILL TAKE NO ACTION IN THIS CASE UNDER SECTION 202 OF THE GENERAL GOVERNMENT MATTERS APPROPRIATION ACT OF 1956. HOWEVER, WE INVITE YOUR ATTENTION TO THE ENCLOSED COPY OF OUR LETTER OF TODAY TO THE ATTORNEY GENERAL CONCERNING THE MATTER.