the court then examined the evidence on the district court record and found that there was insufficient evidence for the district judge's finding against nishikawa: "nor can the district judge's disbelief of petitioner's story of his motives and fears fill the evidentiary gap in the government's case. the government's only affirmative evidence was that petitioner went to japan at a time when he was subject to conscription." the court therefore remanded the case to the district court for issuance of a declaration that nishikawa remained a us citizen.