INA: ACT 336 - HEARINGS ON DENIALS OF APPLICATIONS FOR NATURALIZATION
Sec.
336. [8 U.S.C. 1447]
(a)
If, after an examination under section 335
,
an application for naturalization is denied, the applicant may
request a hearing before an immigration officer.
(b)
If there is a failure to make a determination under section 335
before the end of the 120-day period after the date on which the
examination is conducted under such section, the applicant may apply
to the United States district court for the district in which the
applicant resides for a hearing on the matter. Such court has
jurisdiction over the matter and may either determine the matter or
remand the matter, with appropriate instructions, to the Service to
determine the matter.
(c)
The Attorney General shall have the right to appear before any
immigration officer in any naturalization proceedings for the purpose
of cross-examining the applicant and the witnesses produced in
support of the application concerning any matter touching or in any
way affecting the applicant's right to admission to citizenship, and
shall have the right to call witnesses, including the applicant,
produce evidence, and be heard in opposition to, or in favor of, the
granting of any application in naturalization proceedings.
(d)
The immigration officer shall, if the applicant requests it at the
time of filing the request for the hearing, issue a subpoena for the
witnesses named by such applicant to appear upon the day set for the
hearing, but in case such witnesses cannot be produced upon the
hearing other witnesses may be summoned upon notice to the Attorney
General, in such manner and at such time as the Attorney General may
by regulation prescribe. Such subpoenas may be enforced in the same
manner as subpoenas under section 335(b)
may
be enforced.
(e)
It shall be lawful at the time and as a part of the administration by
a court of the oath of allegiance under section 337(a)
for
the court, in its discretion, upon the bona fide prayer of the
applicant included in an appropriate petition to the court, to make a
decree changing the name of said person, and the certificate of
naturalization shall be issued in accordance therewith.
File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
File Title | INA: ACT 336 - HEARINGS ON DENIALS OF APPLICATIONS FOR NATURALIZATION |
Author | user_template |
File Modified | 0000-00-00 |
File Created | 2023-11-03 |