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 prefected 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 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. The justices ruled in her favor, holding that the government does not have the authority to detain persons whose loyalty to the country has been established.
However, she had gone through the appropriate government procedures and had been classified as loyal to the United States. In this case Mitsuye Endo had been caught attempting to escape from a detention center. That decision was softened-but only slightly-by Ex parte Endo (1944), handed down the same day. United States (1944), the justices upheld orders removing Americans of Japanese origin to detention camps. Black, Frankfurter, Jackson, Murphy, Reed, Roberts, Rutledge, Stone
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