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OI 103.7 Determination of citizenship status.
Generally, a determination of an individual's status as a citizen of the United States shall not be made unless the question of his citizenship status is an issue in a proceeding or function authorized by statute, regulation, or operations instruction. Where for example, the citizenship claimant is the subject of pending exclusion or deportation proceedings, or seeks to initiate vis petition proceedings as a citizen, the determination shall be made in such proceedings. Similarly, if the circumstances are
such that an application pursuant to section
of the Act, or an application for a citizen identification card under 8 CFR 235.10 would afford an appropriate means of resolving the citizenship question, the determination is required to be made in proceedings initiated by such applications.
Where an individual whose citizenship status is not an issue in any proceeding before the Service claims that he was in fact a citizen of the United States at the time he was last admitted as an immigrant or nonimmigrant or, if he was admitted as a citizen but was thereafter held to be an alien by the Department of State and the individual claims that he was properly admitted as a citizen of the United States, the claimant's request that the Service find that he was a United States citizen at the time of ad
mission may be determined independently of formal Service proceedings. In these situations, it is mandatory, and the responsibility of the adjudicating Service officer, to interview the claimant and thereafter make an independent determination of citizenship status, separate and apart from any previous adjudication which may have been entered by another government agency or department. The adjudication shall be supported by a brief but adequate memorandum for the file, setting forth the pertinent facts
and law, and the evidence considered in arriving at the determination of status.
For policy and procedure to be followed in returning a surrendered certificate of naturalization or citizenship based upon the expatriation reversal in Schneider v. Rusk or Afroyim v. Rusk, or as a result of the effect of the amendment of section 301(b) on October 27,1972, P.L. 92584, and in officially acknowledging an expatriation reversal premised upon such decisions or section 301(b), as amended, see
8 CFR 343a.2
Blue Page 103.1(d)(1)
Blue Page Appendix 103.1(h) Page 455
Blue Page Appendix 103.1(h) Page 463 - 472
Subject: (CADJ-1) ACTIVITY REPORT FROM OFFICE ABROAD
Month ending ________________________________________
(1) Travel - Give name of each city, dates, purpose of trip and accomplishments.
(2) Meetings and liaison - State the purpose of the meeting or liaison and the results.
(3) Other matters.
1. Each item shall be reported in a separate paragraph identified by the appropriate heading but need not include those headings for any item on which there is nothing to report.
2. Statistics or other data covered in Forms G-23 and G-319 should not be included in this report. Explanations or comments with respect to increases or decreases in actual or contemplated receipts, completions and backlogs should be set forth in the narrative analysis attached to Forms G-23 and G-319 in accordance with Parts 2301.03, par. 7, and 2302.14 of the Administrative Manual.
Subject: (CDD-34) Detention and Deportation Monthly Activity Report for Month Ending____________________________.
I. Expulsion Program.
Items of interest involving the expulsion program including trends, cases of particular interest, high visibility type cases, mental cases removed, etc.
II. A. Service Detention and Contract Facilities.
List 1-5 by each facility.
1. Peak Population: (The highest number of aliens detained at any time during the reporting month)
2. Low Population: (The lowest number of aliens detained at any time during the reporting month)
3. Daily Average Population: (Total number of detention mandays during the month divided by the number of days within the reporting month)
4. Total Mandays of Detention: (Enter total mandays of detention incurred)
5. Average Mandays of Detention: (Divide total mandays by total aliens detained)
Explain significant fluctuations in the number of aliens temporarily detained. Report any problems encountered, actions taken to solve them, or corrective actions recommended. Explain any differences between mandays reported in #4 above and SPC mandays reported on G-23.9.
B. Federal, State and Local Detention:
Explain significant fluctuations in the number of aliens initially admitted to Federal, state, and local detention at Service expense and mandays or the monthly average. Report any problems encountered, actions taken to solve them, corrective actions recommended, and changes in mandays expense.
C. Medical Treatment:
Report total number of aliens who required any medical treatment while in Service custody, amount paid by Service, and the type of medical attention received. This information will be reported for all aliens detained at Service and non-Service facilities. The above information shall be reported in the following format:
Number of Aliens
Receiving Medical Type of
Treatment Amt. Treatment
Service Non-Service Paid Received
Briefly discuss formal training programs planned or underway, omitting reference to informal discussions of day-to-day operations or problems. List all training during the month, using the following format:
Course or Length of Number
Type of Course in of Employees
Training Date(s) Hours Officer Other
IV. Consular Liaison.
Briefly discuss consular activity in your area and point out any significant problems encountered in obtaining travel documentation. Your discussion should include the steps you have taken to improve liaison and resolve local problems, and suggestions for regional or Central Office participation if believed warranted. Note: Specify country in all discussions.
V. Equipment and Space.
Discuss the needs, problems, and plans for all types of equipment, office space and both Service and non-Service detention space. Equipment includes all types of vehicles and radio and electronic devices. Any improvement in existing equipment and the adaptation of equipment for new and useful purposes, should be mentioned.
When reporting for the months of March and September of each year, list all equipment that is available for use by D&D by office, pursuant to the categories enumerated below. In reports covering other months, list only those changes that have occurred in the number and type of equipment. In each report, comment on conditions, utilization, or plans for replacement.
a. Diesel - radio equipped
b. Gasoline - radio equipped
2. Vans - radio equipped
3. Sedans - radio equipped
B. Other Equipment.
1. Transfriskers - Include number.
2. Hand Held Radios - Include number and type available.
3. CCTV - Include number and type available.
4. Television Sets - Include number and type.
5. Base Station Equipment
A. List employees by position and garde level.
B. List personnel actions occurring during the reporting month. Include appointments, reassignments, promotions, separations, resignations, retirements, sick or annual leave in excess of four weeks, leave without pay, etc.
VII. Overtime Hours Worked.
A. List total number of employees and overtime hours worked by activity, e.g.:
Conveyance - 5 persons, 50 hours
Surveillance - 3 persons, 35 hours
Escort - 2 persons, 20 hours
Kitchen - 1 person, 10 hours
TOTAL 11 persons, 115 hours
B. List officer details. (Stop-over security, meets from other offices, escorting deportees to destination, transporting aliens to point of departure, temporary reassignment to other duties within activity, etc.).
VIII. Detention and Deportation Personnel on Detail to Other Activities.
Report the total number of Detention and Deportation personnel by job title, who have been detailed to another activity during the reporting period. Use the following format:
Activity Length of
Number Detailed Detail
Detailed Title To (hrs/days)
IX. Detention Facility Services
A. Religious Services: List availability and frequency by denomination (e.g., Protestant, Catholic, Jewish, etc.).
B. Recreation: Indicate current recreational activities, new activities contemplated, special programs conducted, and include new equipment received or needed equipment requested.
X. Incidents and Security
A. List any incidents that may have occurred during the reporting month, i.e., injury, escape, fire, riot, security violations identified during shakedowns, any funds and valuables discrepancies.
B. Shakedowns: (Dates and time conducted)
C. Fire Drills: (Dates and time conducted)
D. Property Envelope Review: (Date and time conducted. List number of envelopes reviewed and by whom.)
XI. Visitors. List by name and title each official visitor to the detention and deportation activity during the reporting month. Give date and purpose of visit if known.
XII. Special Matters. Set forth problems and matters of regional or Central Office interest, not covered elsewhere, including matters such as public relations, public services rendered, priorities, trends, needs, etc.
1. All reports shall be prepared on Office Memorandum (Form G-2) and forwarded to the appropriate region. Any regional comment made as marginal notes shall be initialed by the maker. Regions shall forward CDD-34 reports to CODDP by the 15th of each month.
Every effort shall be taken to mail reports by the most expeditious means.
2. It is intended that, in districts where SPC's are in close proximity to the district one report will be prepared for the complete operation. Where SPC's are located at a considerable distance and operations are significantly distinguishable from the districts, the region may request that separate reports be prepared.
3. Omit Paragraph Number And Subject Headings When There Is Nothing To Report.
(Entire Appendix Revised TM 12/86)