Toshio Kondo v. Acheson

BYRNE, District Judge.

This is a proceeding under section 903, Title 8, U.S.C.A. The defendant issued plaintiff a certificate of loss of nationality based on plaintiff’s service in the Japanese army. Section 801(c)) Title 8, U.S.C.A. 1

The plaintiff admits he served in the Japanese army from April 1945 until the end of the war, but contends that his action did not result in his expatriation because there were extenuating circumstances which made his acts involuntary and removed them from the operation of the statute.

In Dos Reis ex rel. Camara v. Nicolls, 1 Cir., 161 F.2d 860, the court made a…