Murakami v. United States

398 F.3d 1342, 66 Fed. R. Serv. 679, 2005 U.S. App. LEXIS 3110, 2005 WL 418554
CourtCourt of Appeals for the Federal Circuit
DecidedFebruary 23, 2005
Docket2004-5050
StatusPublished
Cited by162 cases

This text of 398 F.3d 1342 (Murakami v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murakami v. United States, 398 F.3d 1342, 66 Fed. R. Serv. 679, 2005 U.S. App. LEXIS 3110, 2005 WL 418554 (Fed. Cir. 2005).

Opinion

LINN, Circuit Judge.

Robert K. Murakami (“Murakami”) appeals from the decisions of the Court of Federal Claims granting the United States’ motion for judgment on the administrative record and denying Murakami’s claim for compensation against the United States (“Government”) under the Civil Liberties Act of 1988 (“the Act”). See Murakami v. United States, 46 Fed.Cl. 731 (2000) (“Murakami II”); Murakami v. United States, 52 Fed.Cl. 232 (2002) (“Murakami III”); Murakami v. United States, 58 Fed.Cl. 347 (2003) (“Murakami IV”). Because the Court of Federal Claims correctly determined that Muraka-mi was not entitled to compensation under the Act, we affirm.

I. BACKGROUND

This case arises in the factual context of the internment of persons of Japanese ancestry during World War II. On February 19, 1942, President Roosevelt signed Executive Order 9066, 1942 WL 4050, which authorized military commanders to establish prohibited military zones in the United States and to exclude certain entire classes of citizens and aliens from these zones. Ultimately, Japanese Americans became the only subjects of the mass exclusion, relocation, and detention authorized under Executive Order 9066, even though no documented acts of espionage, sabotage, or fifth column activity committed by Japanese Americans were ever established.

On December 17, 1944, the United States rescinded the mass exclusion ordered under Executive Order 9066. See Public Proclamation No. 21, Persons of Japanese Ancestry Exemption From Exclusion Orders, 10 Fed.Reg. 53 (Dec. 17, 1944) (“Proclamation No. 21”). Proclamation No. 21 became effective on January 20, 1945. However, the United States issued individual exclusion orders that excluded individual Japanese Americans from the West Coast for additional time periods.

Murakami’s father, Noboru Arthur Mu-rakami (“Arthur Murakami”), was a United States citizen born and raised in Los Angeles and nearby Terminal Island, California. In 1942, he and his family were relocated by the Government to the Man-zanar internment camp in the desert near Bishop, California pursuant to Executive *1345 Order 9066. Around July 1944, the Government permitted Arthur Murakami to move to Chicago, but prohibited him from returning to the West Coast. In 1944, Arthur Murakami married Aiko Tani, who was also from Los Angeles. In late 1944, Aiko Murakami became pregnant.

Around February 10, 1945, Arthur Mu-rakami received an individual exclusion order prohibiting him personally from returning to the West Coast. In a letter dated July 21, 1945 from the U.S. Headquarters Western Defense Command, Arthur Murakami’s individual exclusion order was lifted when he was informed that he was “now authorized to travel and reside within the West Coast Exclusion Zone.” At that time, Aiko Murakami was eight months pregnant. Murakami was born in Chicago approximately one month later, on August 23, 1945. Murakami’s family moved from Chicago to Los Angeles approximately ten years later, in June or July 1955.

In October 1996, Murakami filed a claim form for a redress payment under the Act with the Department of Justice (“Justice Department”), Civil Rights Division, Office of Redress Administration (“Redress Office”). In a letter dated July 26, 1997, the Redress Office advised Murakami that he was not eligible for compensation under the Act. In September 1997, Murakami submitted a statement with attached documents stating that his father was subject to an individual exclusion order, which was rescinded “far too late for [his] parents to return to the West Coast” in time for his birth. On March 25, 1998, the Justice Department issued a decision denying Mu-rakami’s claim, concluding that on the date of Murakami’s birth, neither Murakami nor Arthur Murakami was subject to any legal restrictions preventing their return to Los Angeles.

In February 1999, Murakami filed a complaint with the Court of Federal Claims, appealing the decision of the Justice Department affirming the Redress Office’s denial of his requested redress- payment. Murakami II, 46 Fed.Cl. at 734. After the Government filed the administrative record with the court, Murakami filed a motion requesting leave of the court to supplement the administrative record with certain documents, and requesting the court to take judicial notice of the documents submitted. On May 31, 2000, the Court of Federal Claims denied Muraka-mi’s motion to supplement the administrative record and declined to take judicial notice of the documents. Id. at 736-40.

On April 2, 2002, the Court of Federal Claims issued a decision upon Murakami’s motion for judgment upon the administrative record and the Government’s cross-motion. The court dismissed several of Murakami’s arguments, Murakami III, 52 Fed.Cl. at 236-37, but remanded the case to the Redress Office “to consider fully whether Mr. Murakami was ‘otherwise deprived of liberty’ within the meaning of the Act,” id. at 242.

On remand, the Justice Department reconsidered Murakami’s claim and concluded that Murakami was still not entitled to a redress payment. After the Justice De--partment’s decision, Murakami and the Government again filed motions for judgment on the administrative record. On October 31, 2003, the Court of Federal Claims granted the Government’s motion. Murakami IV, 58 Fed.Cl. at 347. The court noted that on remand the Redress Office “appeared to don blinders to much of what this court previously held.” Id. at 349. However, the court affirmed the underlying decision of the Redress Office that “Mrs. Murakami could have traveled to Los Angeles once the individual restriction order on her husband was lifted.” Id. at 351.

*1346 Murakami appealed these decisions of the Court of Federal Claims to this court. We have jurisdiction from a final decision of the Court of Federal Claims pursuant to 28 U.S.C. § 1295(a)(3).

II. ANALYSIS

A. Standard of Review

Statutory interpretation is a question of law reviewed de novo. Imazio Nursery, Inc. v. Dania Greenhouses, 69 F.3d 1560, 1564 (Fed.Cir.1995); see also Ishida v. United States, 59 F.3d 1224, 1229 (Fed.Cir.1995).

“We review legal determinations such as the Court of Federal Claims’ decision to award summary judgment on the administrative record without deference, applying the same standard of review as the Court of Federal Claims.” Dysart v. United States, 369 F.3d 1303, 1310 (Fed.Cir.2004). In this case, the Court of Federal Claims applied the standard of review prescribed by the Act. See Murakami III, 52 Fed.Cl. at 235. The Act provides:

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398 F.3d 1342, 66 Fed. R. Serv. 679, 2005 U.S. App. LEXIS 3110, 2005 WL 418554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murakami-v-united-states-cafc-2005.