Hirabayashi v. United States

Hirabayashi v. United States, 828 F.2d 591 (9th Cir. 1987), is a case decided by the Ninth Circuit Court of Appeals and recognized for both its historical and legal significance. The case is historically significant for vacating the World War II–era convictions of Japanese American civil rights leader Gordon Hirabayashi. Those convictions were affirmed in the Supreme Court's 1943 decision Hirabayashi v. United States. The case is legally significant for establishing the standard to determine when any federal court in the Ninth Circuit may issue a writ of coram nobis. Gordon Hirabayashi Gordon Kiyoshi Hirabayashi (April 23, 1918 – January 2, 2012) was born an American citizen in the Sand Point neighborhood of Seattle, Washington. His parents were both born in Japan, but had emigrated to the United States where they met and later married. Hirabayashi attended public schools and was active in the Boy Scouts and later in the Y.M.C.A. at the University of Washington, and he was also an active member in the Christian community. Prior his arrests during World War II, Hirabayashi had never been arrested on any charge, had never been to Japan, and had never corresponded with any Japanese in Japan. Opposition to Japanese American internment On the morning of December 7, 1941, Japanese military planes attacked Pearl Harbor, Hawaii. Later that day, President Franklin D. Roosevelt called for a proclamation of war with the Japanese Empire and issued Presidential Proclamation No. 2525, which provided the Secretary of War broad authority to restrict the liberties of Japanese aliens. On February 19, 1942, President Roosevelt issued Executive Order No. 9066, which provided the Secretary of War (or anyone he delegated) "the authority to establish military areas from which any or all persons, citizens as well as aliens, might be excluded." The next day, Secretary of War Henry L. Stimson delegated his authority to Lieutenant General John L. DeWitt, the Commanding General of the Western Defense Command. Under the authority delegated to him, General DeWitt issued a series of Public Proclamations and Civilian Exclusion Orders. On March 24, 1942, DeWitt issued Public Proclamation No. 3, establishing a curfew in established military zones, which required "all persons of Japanese ancestry... to remain within their place of residence between 8p.m. and 6a.m." On May 10, 1942, DeWitt issued Civilian Exclusion Order No.