Legal Opinion · Dissent

Minoru Tanaka v. Immigration & Naturalization Service

Court of Appeals for the Second Circuit

Decided May 25, 1965No. 398, Docket 27721Published

1DissentKaufman, Circuit Judge

Minoru Tanaka is being deprived of the precious right of American citizenship because he voted, bowing to community pressure and in fear of possible economic reprisals and other dangers, in a post-war Japanese election conducted under the aegis of our nation’s occupation forces. I must dissent from the result, which I consider harsh under the circumstances, for when the proper burden of proof rules are applied to the record evidence, there can be no doubt that the Government has failed to show the voluntariness of the alleged expatriating act “clearly, convincingly and unequivocally.”

I

“It is…

2Cases cited31 opinions

  1. Schneiderman v. United StatesSupreme Court of the United States · 1943
  2. Baumgartner v. United StatesSupreme Court of the United States · 1944
  3. Foti v. Immigration & Naturalization ServiceSupreme Court of the United States · 1963
  4. Kennedy v. Silas Mason Co.Supreme Court of the United States · 1948
  5. Dioguardi v. DurningCourt of Appeals for the Second Circuit · 1944

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