28 C.F.R. § 74.4

Individuals excluded from compensation pursuant to section 108(B) of the Act

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(a) The term “eligible individual” does not include any individual who, during the period beginning on December 7, 1941, and ending on September 2, 1945, relocated to a country while the United States was at war with that country.

(b) Nothing in paragraph (a) of this section is meant to exclude from eligibility any person who, during the period beginning on December 7, 1941, and ending on September 2, 1945, relocated to a country while the United States was at war with that country, and who had not yet reached the age of 21 and was not emancipated as of the date of departure from the United States, provided that such person is otherwise eligible for redress under these regulations and the following standards:

(1) Persons who were 21 years of age or older, or emancipated minors, on the date they departed the United States for Japan are subject to an irrebuttable presumption that they relocated to Japan voluntarily and will be ineligible.

(2) Persons who served in the active military service on behalf of the Government of Japan or an enemy government during the period beginning on December 7, 1941, and ending on September 2, 1945, are subject to an irrebuttable presumption that they departed the United States voluntarily for Japan. If such individuals served in the active military service of an enemy country, they must inform the Office of such service and, as a result, will be ineligible.

[Order No. 2056-96, 61 FR 51012, Sept. 30, 1996]

Notes of Decisions

Cited in 4 cases, 1994–2020 · leading case: Kanemoto v. Reno, 41 F.3d 641 (Fed. Cir. 1994).

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Kanemoto v. Reno, 41 F.3d 641 (Fed. Cir. 1994). “See 28 C.F.R. § 74.4 . On the basis of the Act and these regulations, ORA denied Kanemoto’s claim for restitution, finding that she was ineligible because she had relocated to Japan during the war.”

Motoyoshi v. United States, 33 Fed. Cl. 45 (Fed. Cl. 1995). “28 C.F.R. § 74.4 . . Section 1989b-4(a)(3) provides: (3) Benefit of the doubt When, after consideration of all evidence and relevant material for determining whether an individual is an eligible individual, there is an approximate balance of positive and negative evidence…”

Marta Alvarado Alvarado v. William Barr (4th Cir. 2020). “, 28 C.F.R. § 74.4 (b) (creating “irrebuttable presumptions” regarding eligibility under Civil Liberties Act).”

Eligibility of Involuntary Wartime Relocatees to Japan for Redress Under the Civil Liberties Act of 1988 (OLC 1994). “28 C.F.R. § 74.4 . The regulations do not specifically address the eligibility of minors who accom panied their parents to Japan during this period or of adults who claim that their relocation was involuntary.”

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