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Lin v. United States

United States District Court for the District of Columbia

March 31, 2016, Decided; March 31, 2016, Filed

Civil Action No. 15-cv-00295 (CKK)

Opinion

 [*246]  MEMORANDUM OPINION

Plaintiffs are residents of Taiwan and members of an advocacy group in Taiwan who allege that in 1946, the Republic of China—at that time recognized by the United States as the government of China—unlawfully denied the population of Taiwan of its Japanese nationality at the conclusion of World War II. Specifically, Plaintiff allege that the Republic of China issued nationality decrees that unlawfully denied those residing on Taiwan, as well as their descendants, of their Japanese nationality. Plaintiff further allege that the United States shares legal responsibility for the denial of Plaintiffs' Japanese nationality because the Republic of China, through Generalissimo Chiang Kai-shek, was [**2]  "acting as an agent of the United States" when the decrees were issued in 1946. Plaintiffs filed suit against Defendants, the United States and the Republic of China (Taiwan), seeking relief in the form of (1) a declaration that the nationality decrees of 1946 violated international law and (2) an award for monetary damages for the tort of arbitrary denationalization.

Presently before the Court are Defendant United States' [23] Motion to Dismiss and Defendant Republic of China's [24] Motion to Dismiss, both pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Upon consideration of the pleadings,1 the relevant legal authorities, and  [*247]  the record as a whole, the Court finds that the Court lacks subject matter jurisdiction over Plaintiffs' claims with respect to both Defendants. Accordingly, the Court shall GRANT Defendant United States' [23] Motion to Dismiss, and the Court shall GRANT Defendant Republic of China's [24] Motion to Dismiss.

I. BACKGROUND

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177 F. Supp. 3d 242 *; 2016 U.S. Dist. LEXIS 43276 **

DR. ROGER C.S. LIN, et al., Plaintiffs v. UNITED STATES OF AMERICA and REPUBLIC OF CHINA (TAIWAN), Defendants.

Subsequent History: Affirmed by, Judgment entered by Lin v. United States, 2017 U.S. App. LEXIS 11783 (D.C. Cir., Mar. 30, 2017)

Prior History: Lin v. United States, 539 F. Supp. 2d 173, 2008 U.S. Dist. LEXIS 20444 (D.D.C., Mar. 18, 2008)

CORE TERMS

Plaintiffs', nationality, decrees, declaration, motion to dismiss, redress, amended complaint, statelessness, political question, alleged injury, residents, courts, allegations, sovereign, purposes, lack subject matter jurisdiction, political question doctrine, denationalization, non-justiciable, sovereignty, territory, subject matter jurisdiction, foreign state, particularized, speculative, resolving, surrender, threshold, injuries, islands