OI 335.1	Appointment of designated examiners
OI 335.2	Preliminary examination, record; docket lists; immigration documents
OI 335.3	"Denial" and "Facts to Court" cases; examiner's findings, conclusions, and recommendations
OI 335.4	Cases requiring regional office review before final hearing
OI 335.5	Notice to petitioner of recommendation for denial

OI 335.1 Appointment of designated examiners.

Requests for approval to designate employees to conduct preliminary examinations shall be submitted to the district director. Such requests shall specify the training received and supervision available. The district director shall notify the Regional Commissioner and the Assistant Commissioner for Adjudications and naturalization of his decision. Designation of employees authorized to conduct preliminary examinations under section 335 shall be made on Form N-475, a copy of which shall be inserted in the employee's personnel file.

OI 335.2 Preliminary examination, record; docket lists; immigration documents.

(a) Record of examination. Where testimony at the preliminary examination differs from or supplements that given at the preliminary investigation, the additional information should be taken in the form of an affidavit. If an affidavit would be inadequate, a stenographic record should be made. The affidavit or stenograhic record shall be made a part of the preliminary examination record by appropriate reference on the duplication petition.

(b) Docket list. At the time of conducting the preliminary examination, the designated examiner shall enter the data called for on Form N-476, Examiners Docket List. There shall also be included on the line "Number of applicants notified", the number of N-600 cases that were notified for the same day, in this form: "(N-600-4)". The "Absent" line shall also show N-600 absences thus, "(N-600-2)".

(c) Surrender of immigration documents. Form N-430 directs petitioner to bring his alien registration receipt card and any immigration documents. At the time of examination or promptly thereafter the petitioner shall surrender all entry documents in his possession for which he will have no use prior to naturalization, such as an immigrant identification card, border crossing card, certificate of registry or lawful entry, reentry permit, alien registration receipt card (other than Form I-151) or similar documen ts. Form I-151 shall be exhibited but retained by the petitioner until naturalization (see OI 338.1 . Documents surrendered and exhibited shall be shown under "results of Examination." If petitioner claims loss or destruction of Form I-151 or any other entry document, he shall be carefully questioned to determine the validity of the claim, and, if deemed appropriate, an investigation may be conducted. If loss or destruction is established, the examiner shall endorse "Loss (destruction) I-151 (or particular entry document) satisfactorily shown", under "Results of Examination."

OI 335.3 "Denial" and "Facts to Court" cases; examiner's findings, conclusions, and recommendation.

The memorandum referred to in 8 CFR 335.12 shall not be prepared even though the recommendation is for denial when such recommendation is made because the petitioner is deceased; he has failed to meet the educational or literacy requirements of the law; he has been naturalized on another petition filed by him; he has failed to prosecute his petition, or he has withdrawn his petition.

When prepared, one copy of the memorandum shall be retained in the field office file; one furnished the petitioner; one furnished the United States Attorney along with the request to file a timely protective notice of appeal if a denial recommendation is overruled by the court, and the original presented to the court. In cases requiring regional office review, the original and copies of the memorandum shall not be dated until after the regional commissioner has returned a copy.

OI 335.4 Cases requiring regional office review before final hearings.

(a) Types of recommendation requiring regional office review. Whenever it is proposed to recommend that a petition, or application to take the oath of allegiance, be denied, or granted with all the facts brought to the attention of the court, in the classes of cases listed in paragraph (b), the complete file or files shall be submitted to the regional commissioner for review before the petition or application is calendared for final hearing.

(b) Classes of cases requiring regional office review. Cases falling within the following classes only shall be submitted to the regional commissioner for review:

Cases in which section 313 is involved and the recommendation will be for DENIAL, or where the long-form grant facts memorandum must be used.

Cases in which section 313 is involved, except those cases in which the recommendation will be Grant-Facts to Court and the short-form memorandum is authorized.

Cases involving interpretations of provisions of the naturalization or immigration laws which are not covered by outstanding instructions or administrative decisions.

Cases which the regional commissioner requests be submitted.

Cases in which the examiner requests advice from the regional commissioner as to the recommendation to be made to the court.

(c) Examiner's Supplemental memorandum. The examiner may set forth in a separate memorandum any discussion of the case, citation of administrative precedents, or statements of Service policy not appropriate for inclusion in the memorandum of findings and conclusions.

(d) Review by district director before submission to regional office. The examiner's findings, conclusions, and recommendation shall, before transmittal to the regional commissioner, be examined by the district director or an officer designated by him. Such officer shall prepare a memorandum to the regional commissioner, setting forth any comments, discussion, and citations of precedents deemed necessary and transmit the complete file to the regional commissioner. District directors may require examiners. Di strict directors may require examiners to submit to them for examination individual cases or classes of cases specially designated by them and they shall refer to the regional commissioner under this OI any such cases in which the district director does not agree with the recommendation of the examiner.

(e) Examiner's change of recommendation. The designated examiner, in his discretion, may change his own recommendation, findings, and conclusions to conform to that of the regional commissioner, without resubmitting the case for review. In that event, only the findings, conclusions, and recommendation of the examiner, as changed, shall be presented to the court and appropriate notation of such action made on the reverse of Form N-417.

(f) Notice of court decision to regional office. Promptly after the court has made a decision, the officer in attendance at the final hearing shall fill out the reverse side of both Forms N-417, retain the original and return the duplicate to the regional office with copies of the memorandum of the examiner and the regional commissioner, if any, which were presented to the court.

OI 335.5 Notice to petitioner of recommendation for denial. Notice of the date, time, and place of the final hearing shall be on Form N-425. Where the regional commissioner recommends granting and the designated examiner recommends denial, add the following in the space provided in the form:

The regional commissioner, however, intends to recommend that your petition be granted. Both recommendations will be presented to the naturalization court. A copy of the regional commissioner's memorandum is also enclosed.

If the regional commissioner is the one recommending denial, substitute for "undersigned" on the first line of Form N-425 the words "regional commissioner," and alter the above-quoted insertion accordingly.

If Form N-425 is returned undelivered, reasonable efforts shall be made to locate and notify the petitioner. If not located, the petition shall be presented to the Court for denial and the Court Informed of the inability to locate the petitioner.