INS on Rule for Naturalization Reconsideration
To: All Regional Directors
All District Directors
All Officers-In-Charge
All Service Directors
Date: October 28, 1996
Subject: Final Rule On Section 340: Revocation Of Naturalization
On October 28, 1996, HQADN published a final rule in the Federal Register, outlining changes to 8 CFR 340. This rule establishes an administrative process whereby a district director may reopen and reconsider naturalization applications pursuant to Section 340(h), redesignated section 340( i), of the Act. With the implementation of this rule, the authority formerly held by the courts now provides the Attorney General with the power to correct, reopen, alter, modify, or vacate the application of a person granted naturalization.
The district director under whose jurisdiction the person currently resides has jurisdiction to reopen proceedings beyond two years, the Service has no authority to proceed under these regulations, and must forego administrative reopening and proceed with revocation proceedings under section 340(a) of the Act.
In reopening an application for naturalization, the district director must follow the procedures under section 340.1(b)(2), and prepare a written notice of intent to reopen naturalization proceedings and to revoke naturalization proceedings and to revoke naturalization. The notice shall advise the person of his or her right to submit a response to the notice and to request a hearing, as described in section 340.1(b)(3). The Service is further obligated to serve the notice of intent to reopen naturalization proceedings and to revoke naturalization upon the person by personal service, as described in section 103.5(a)(2). In the regulations, the Service added a new paragraph (b)(2)(ii) of section 340.1, which requires all notices of intent to reopen and revoke naturalization to be served initially by certified or registered mail. If there is no receipt by the addressee, the Service must serve the decision to reopen naturalization proceedings and to revoke naturalization becomes final. [sic] The district director is required to notify the Department of State, Office of Passport Services, Washington, D.C. when the person’s certificate of naturalization has been canceled. Until the Service cancels the certificate of naturalization, the person remains a citizen of the United States.
Field offices may contact Jody Marten or Thomas Cook in HQ Adjudications with questions, 202/514-5014
[sign]Terrance M. O’Reilly
Acting Assistant Commissioner
Benefits Division