District Court Petition to Vacate Convictions Hirabayashi v. United States (1987)

gordon hirabayashi in 1986

peter irons professor @ university of california @ san diego. after learning of of documents relating dewitt’s orders, called hirabayashi, informed him of new evidence, , advised him reopen case. upon receiving information, hirabayashi told irons, “i’ve been waiting on forty years kind of phone call.” irons became hirabayashi’s legal advisor , filed petition writ of coram nobis in united states district court western district of washington vacate convictions.

the petition brought before judge donald s. voorhees. in june 1985, judge voorhees presided on two-week evidentiary hearing on case, , on february 10, 1986, delivered decision. judge voorhees based decision upon factual record developed before him , determined:

first, while supreme court based decision in hirabayashi upon deference military judgment of need expediency, general dewitt, person responsible racially based confinement of american citizens, had made no such judgment.
second, found united states government doctored documentary record reflect dewitt had made judgment of military exigency instead of racial prejudice.
third, found if suppressed material had been submitted supreme court, decision have been different.

judge voorhees, therefore, granted writ of coram nobis on hirabayashi’s conviction failing report civilian control station pursuant civilian exclusion order 57; however, declined grant coram nobis relief respect curfew conviction. based decision upon conclusion supreme court have drawn legal distinction between curfew , exclusion orders. decision appealed both hirabayashi , government. hirabayashi appealed judge voorhees’s decision not vacate conviction curfew violation. government, appealed judge voorhees’s decision vacate conviction on failure report control station.