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1. Ozawa is well established
in his community in California.
He is well educated, sends his
children to American schools
and churches, speaks English
in the home, and has married
someone educated in American
schools. A person's beliefs,
not his race, should determine
his eligibility for citizenship.
2. The definitions of race
included in the Revised Statutes
should not apply to the Naturalization
Act, and therefore should not
place limitations on eligibility
for citizenship.
3. Congress must not have intended
to have the Revised Statutes
provision regarding race apply
to the Naturalization Act.
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1. The government concedes that
Ozawa's character is unquestionable,
but we are dealing with a legal
issue here and must separate
notions of character from the
legal issue, which limits naturalization
based on race [referring to
a federal statute at the time
limiting citizenship to "free
white persons, or aliens of
African descent."]
2. The limitations contained
in the Revised Statutes do apply
to the Naturalization Act and
limit which groups are eligible
for citizenship.
3. It is the duty of the judicial
branch to give effect to the
words and intent of Congress;
therefore the statutes and the
act should be interpreted as
we have stated.
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