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KOREMATSU v. UNITED STATESNo. 22
from Part I - Membership and Inclusion
Published online by Cambridge University Press: 22 April 2022
Mr. Chief Justice STONE1 delivered the opinion of the Court.
The petitioner, Fred Korematsu, was born in Alameda County, California, and is of Japanese ancestry. He is an American citizen by birth. United States v. Wong Kim Ark, 169 U.S. 649 (1889). That his parents were born in Japan and, with the commencement of war, became formally classified as enemy aliens is of no moment in this case.2 No question has been raised as to petitioner’s loyalty to the United States.
Petitioner was convicted in a federal district court for remaining in San Leandro, California, a “military area,” contrary to Civilian Exclusion Order No. 34 of the Commanding General of the Western Command, U.S. Army, which directed that after May 9, 1942, all persons of Japanese ancestry should be excluded from that area.
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