Meanwhile, Fred Korematsu was a 23-year-old Japanese-American man who decided to stay at his residence in San Leandro, California, instead of obeying the order to relocate. However, he knowingly violated Civilian Exclusion Order No. 34 of the U.S. Army, even undergoing plastic surgery in an attempt to conceal his identity. Korematsu argued that Executive Order 9066 was unconstitutional and that it violated the Fifth Amendment to the United States Constitution. The Fifth Amendment was selected over the Fourteenth Amendment due to the lack of federal protections in the Fourteenth Amendment. He was arrested and convicted. No question was raised as to Korematsu's loyalty to the United States. The Court of Appeals for the Ninth Circuit eventually affirmed his conviction, and the Supreme Court granted "certiorari".