Allen & Overy Presents AABANY Trial Reenactment: Oyama v. State of California

On May 24, AABANY and Allen & Overy (A&O) presented a reenactment of the historic case Oyama v. State of California, in commemoration of Asian American and Pacific Islander (AAPI) Heritage Month. This landmark case was reenacted by attorneys and law students to tell a captivating story involving AAPI litigants on an important constitutional case known to very few but which has resonance to the present day.

As described on the AABANY Trial Reenactments website:

Inspired by Prof. Rose Cuison Villazor’s law review article, “Rediscovering Oyama v. California: At the Intersection of Property, Race, and Citizenship,” 87 Wash. U. L. Rev. 979 (2010), the reenactment dealt with the California Alien Land Law which prevented “aliens ineligible from citizenship” – i.e., Japanese – from owning land. The case explored the ways in which denial of property rights also served to promote racial discrimination against the Japanese in California. In the case, Kajiro Oyama, a Japanese immigrant who was ineligible for United States citizenship at the time, bought a parcel of farmland which he deeded to his minor son Fred, who was born in the United States and was thus a citizen. Under the Alien Land Laws, this transaction was deemed a fraud and the State of California brought suit against Fred Oyama to escheat the property. The case went all the way up to the United States Supreme Court, where the statute’s constitutionality was placed before the Court for its review.

The in-person reenactment was followed by a lively panel discussion co-sponsored by A&O’s U.S. Asian Affinity Network. The discussion was led by A&O Partner John Hwang and Associate Rachel Lee and featuring guest speakers Professor Rose Cuison-Villazor and Shenyang Wu. As the Interim Co-Dean at Rutgers Law School, Professor Cuison-Villazor shared details of her personal discussion with the Oyama family in 2010 for her paper. Shenyang, a partner at Alpha Law NY PLLC and a co-founder of the Chinese American Legal Defense Alliance (CALDA), reinforced that sentiments from legislation like the Alien Land Act of 1913 are still alive by noting Texas lawmakers’ recent decision to restrict Chinese foreign nationals’ land ownership.

A particularly poignant moment during the panel occurred when John Hwang conducted an informal survey of the number of lawyers who had heard of the Oyama v. California case prior to the reenactment. In a room of more than 50 attorneys and law students, less than 5 people raised their hands. This demonstrates how much more work needs to be done for AAPI and the law in legal education and highlights the importance of reenactments like this. The significance of the case for the AAPI community extends beyond issues of immigration, residency, and land ownership. It symbolizes the power of every voice that deserves to be heard and every story that needs to be told.

We thank Allen & Overy and all of the participants in the reenactment for giving their time to raise awareness of the Oyama family’s legacy. For more information about AABANY’s trial reenactment project, visit https://reenactments.aabany.org/.  

AABANY Co-Sponsors: A Reenactment of Ozawa & Thind

On Thursday, May 23, 2019, AABANY and SABANY co-sponsored a trial reenactment of two Supreme Court cases, Takao Ozawa v. United States (1922), and United States v. Bhagat Singh Thind (1923) at the Ceremonial Courtroom in 225 Cadman Plaza, Brooklyn. These cases revolved around the fight of two Asian Americans to become naturalized U.S. citizens.

Takao Ozawa, was born in Japan but moved to the United States at a young age in 1914. He attended the University of California, became a businessman, converted to Christianity, got married and had children in the United States. He sought to become a naturalized U.S. citizen, but his application was denied. His fight for citizenship went all the way to the Supreme Court, where he argued that people of Japanese descent should be classified as “free white persons” under the Naturalization Act of 1906. However, Justice Sutherland, writing for a unanimous Court, held that a person of Japanese descent could not be classified as “white.” In reaching that decision, the court relied on scientific evidence and found that the term “white persons” in the Naturalization Act of 1906 only includes persons of the “Caucasian race.”

Bhagat Singh was born in India and received his bachelor’s degree there before moving to the United States, seeking higher education in 1913. He completed his Ph.D. at the University of California and went on to give lectures in metaphysics. He also joined the U.S. Army during World War I and became the first turbaned Sikh man to serve alongside American soldiers. After the war ended, he was honorably discharged and applied for citizenship. His petition for citizenship was granted initially in Oregon, but government attorneys initiated proceedings to have it canceled on the grounds that he was not “white.” His case went to the Supreme Court, where he presented scientific evidence asserting that South Asians, such as himself, were actually of Aryan descent and therefore of the Caucasian race and thus he should be granted citizenship.

However, the Supreme Court held that even though it “may be true that the blond Scandinavian and the brown Hindu have a common ancestor in the dim reaches of antiquity … the average man knows perfectly well that there are unmistakable and profound differences between them today.” The court backtracked on the rationale it used in Ozawa, where it relied on scientific evidence to find that Takao Ozawa could not be classified as Caucasian, and therefore was ineligible for citizenship.

As a result of the Supreme Court’s rulings in Ozawa and Thind, many Asians were stripped of their citizenship retroactively, leading a man named Vaishno Das Bagai to take his own life. He left a note that read: “But now they come and say to me I am no longer an American citizen. What have I made of myself and my children? We cannot exercise our rights, we cannot leave this country. Humility and insults… blockades this way, and bridges burned behind.”

These two Supreme Court decisions are a stain on our great nation’s history. They set the precedent that being an American was not enough, that to be a real American you had to be “white” based on society’s perception of what qualifies as “white” during a given period of time in history.

The reenactment serves as a reminder of the struggles that Asian Americans had to endure in the past, and it highlights why we must continue to strive to create change for the future generations of Asian Americans.

We thank Judge Denny Chin and Kathy Hirata Chin for leading the reenactment program and thank our judicial all-star cast which included: EDNY Chief Judge Hon. Dora Irizarry, Hon. Kiyo Matsumoto, Hon. Pamela Chen, Hon. Peggy Kuo, Hon. Sanket Bulsara, and Hon. Faviola Soto.

Thanks to SABANY for performing this re-enactment. AABANY was proud to be a co-sponsor, presenting 1.5 CLE credits in the Diversity & Inclusion category.

Citizenship Fair | The New York Public Library

Citizenship Fair | The New York Public Library

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After a full day of CLE sessions and other programs, attendees at the NAPABA Northeast Regional/AABANY Fall Conference enjoyed a cocktail reception, sponsored by Day Pitney. Attendees from AABANY and the northeast affiliates, including from Canada, met, mingled, connected and re-connected over drinks and hors d’oeuvres. 

At the reception, the AABANY Law Review, which was launched at the 2011 Fall Conference, presented its first Scholarly Paper Prize to Greg Robinson (Professor of History at l’Université du Québec à Montréal)  for his article, In Defense of Birthright Citizenship: The JACL, the NAACP, and Regan v. King. Prof. Robinson accepted the award and offered brief remarks about his published work, to be released in the upcoming issue of the AABANY Law Review.

Also during the reception, Key Sponsor Hudson Court Reporting and Video and Elite Sponsor Baker Tilly held drawings for prizes. Congratulations to the raffle winners, and thanks to Hudson and Baker Tilly for being such strong supporters of AABANY!

Following the reception, several committees hosted dinners: The Real Estate/Solo Small Firm Committees hosted their dinner at S Dynasty, sponsored by Bank of America. The Litigation/Young Lawyers Committees had a wonderful Italian dinner at Aperitivo. The Bankruptcy/Corporate Law Committees had their dinner at Banc Café, thanks to sponsors UBS and Donlin Recano. Thomson Reuters sponsored the Intellectual Property Committee dinner at Fusia.

Right after the committee dinners, energetic attendees convened at Rare View Rooftop for the afterparty. The attendees enjoyed drinks and each other’s company while admiring panoramic views of the New York City skyline, at least until the rain came down. Not to be deterred by the downpour, guests took the party downstairs to Rare Bar & Grill on the ground floor to continue their post-conference celebration.

We hope everyone who came to the 2013 NAPABA Northeast Regional/AABANY Fall Conference had an enjoyable and productive time. We hope to see you at the 2013 NAPABA Annual Convention in Kansas City in November!