![]() ![]() And the Solicitor General argued the case here. But the United States Attorney for the Northern District of California argued before the District Court that the petition should not be granted. It does not appear that any respondent was ever served with process or appeared in the proceedings. The certificate of questions of law was filed here on April 22, 1944, and on May 8, 1944, we ordered the entire record to be certified to this Court. Shortly thereafter appellant was transferred from the Tule Lake Relocation Center to the Central Utah Relocation Center located at Topaz, Utah, where she is presently detained. That petition was denied by the District Court in July, 1943, and an appeal was perfected to the Circuit Court of Appeals in August, 1943. In July, 1942, she filed a petition for a writ of habeas corpus in the District Court of the United States for the Northern District of California, asking that she be discharged and restored to liberty. ![]() She was *285 evacuated from Sacramento, California, in 1942, pursuant to certain military orders which we will presently discuss, and was removed to the Tule Lake War Relocation Center located at Newell, Modoc County, California. Mitsuye Endo, hereinafter designated as the appellant, is an American citizen of Japanese ancestry. Acting under that section we ordered the entire record to be certified to this Court so that we might proceed to a decision, as if the case had been brought here by appeal. This case comes here on a certificate of the Court of Appeals for the Ninth Circuit, certifying to us questions of law upon which it desires instructions for the decision of the case. JUSTICE DOUGLAS delivered the opinion of the Court. Fraenkel, Edwin Borchard, Charles Horsky, Arthur DeHon Hill, Winthrop Wadleigh, Harold Evans, William Draper Lewis, and Thomas Raeburn White on behalf of the American Civil Liberties Union, as amici curiae, in support of Mitsuye Endo. Collins filed a brief on behalf of the Northern California Branch of the American Civil Liberties Union and Messrs. Burling were on the brief, for the United States. Solicitor General Fahy, with whom Assistant Attorney General Wechsler and Messrs. Collins was on the brief, for Mitsuye Endo. Decided December 18, 1944.ĬERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT.
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