Ex parte Endo (Ex parte Mitsuye Endo)
After Mitsuye Endo was evacuated from her Sacramento home, she challenged her detainment through a writ of habeus corpus. The petition was denied by a circuit court and appealed to the Supreme Court. The ruling was passed down on the same day as Korematsu.
Background
"Mitsuye Endo, hereinafter designated as the appellant, is an American citizen of Japanese ancestry. She was evacuated from Sacramento, California, in 1942, pursuant to certain military orders which we will presently discuss, and was removed to the Tule Lake War Relocation Center located at Newell, Modoc County, California. In July, 1942, she filed a petition for a writ of habeas corpus in the District Court of the United States for the Northern District of California, asking that she be discharged and restored to liberty. That petition was denied by the District Court in July, 1943, and an appeal was perfected to the Circuit Court of Appeals in August, 1943. Shortly thereafter, appellant was transferred from the Tule Lake Relocation Center to the Central Utah Relocation Center located at Topaz, Utah, where she is presently detained."
Holding
"The War Relocation Authority, whose power over persons evacuated from military areas derives from Executive Order No. 9066, which was ratified and confirmed by the Act of March 21, 1942, was without authority, express or implied, to subject to its leave procedure a concededly loyal and law-abiding citizen of the United States."
--Supreme Court Opinion, Ex parte Mitsuye Endo
Mitsuye Endo