\ slb \ SERVICE LAW BOOKS MENU \ Operating Instructions \ OI 340 Revocation of naturalization.
Previous Document Next Document
OI 340 Revocation of naturalization.
OI 340.1 Revocation reports.
General. If prima facie grounds for revocation exist, the relating files and investigative reports shall be referred to the district director for his recommendation to the regional commissioner. The district director shall submit a report, in duplicate, to the regional commissioner, following the format prescribed in paragraph (b), in every case involving a person alleged to be of the subversive, criminal, immoral, narcotic, or racketeer class or a person whose character is otherwise degraded. A report n
eed not be made in any other type case if the district director is satisfied that if denaturalized the person would not become deportable and that a new petition for naturalization would be granted, or the case is one contemplated by Department of Justice circular letter 107 (INTERP 340.1).
Form of report. The report in the matter of possible proceedings to revoke naturalization shall be prepared by an officer designated by the district director and shall be accompanied by all relevant Service files. A sample report appears as an appendix of this OI. After "Subject" shall be entered, in order, the relating Service file number; the same (including all aliases or the statement, "no aliases") and present or last known place of residence, followed by the phrase "possible revocation proceedings.
" The paragraphs shall be numbered and shall contain the following:
Paragraph 1. Indicate name and address of any attorney; if none, so state.
Paragraph 2. List chronologically on separate lines all naturalization papers filed by or issued to the naturalized person, showing number and date of each and court of filing or issuance. Show section of law under which petition was filed.
Paragraph 3. "Pertinent facts of record." Summarize testimony, concerning only the facts that will be at issue in a revocation suit, given by the naturalized person and his witnesses in the naturalization proceedings. Indicate whether objection was made to naturalization.
Paragraph 4. "Facts developed by investigation." Summarize those facts developed during the investigation which tend to establish grounds for revocation. State whether the investigation has produced evidence of willful misrepresentation or concealment of facts relating to use of aliases, places of residence, occupation, and names of employers during the statutory period.
Paragraph 5. "Available witnesses." List in separate subparagraphs the names and addresses of all witnesses who may be called, stating briefly what testimony each can give respecting the issues. Also show their availability, willingness to testify, and apparent credibility.
Paragraph 6. "Documentary evidence." List all documentary evidence which may be used to prove any point at issue. If any such evidence is not submitted with the report, state where it can be located. Include FBI reports as well as recent reports from local law enforcement agencies and Service investigative reports. No copies of documents need be specially prepared to accompany the report.
Paragraph 7. "Conclusions and authorities." State the legal basis upon which naturalization may be revoked, explaining briefly how each point can be proved. Do not furnish citations of authority unless a novel question of law is involved.
Paragraph 8. "Comments." Discuss briefly the present situation and behavior of the naturalized person with particular attention to the question whether he would be eligible for naturalization on a new petition, mentioning any special circumstances in the case.
Paragraph 9. "Recommendation." Indicate clearly what action is recommended.
OI 340.2 Recommendation for revocation.
If the Regional Commissioner determines that revocation is warranted, the Assistant Regional Commissioner, Inspections and Adjudications, shall do the following: (TM 8/85)
Prepare and execute an affidavit of good cause
Prepare a draft recommendation addressed to the Director, Office of Immigration Litigation, Civil Division, Department of Justice, from the Commissioner, to be signed "For the Commissioner" by the General Counsel. The recommendation shall contain a full summary of relevant facts, the grounds for revocation, the legal authorities is support thereof, and a statement of how the case complies with DOJ circular letter 107 as set forth in Interpretation 340.1(f). (TM 8/85)
Forward the affidavit of good cause, the supporting record with the subject's file, and the recommendation, to the Assistant Commissioner, Adjudications, Central Office. (TM 8/85)
The Assistant Commissioner, Adjudications shall review the Regional Commissioner;s recommendation to determine if institution of revocation proceedings is warranted. If he/she determines that institution of revocation is not warranted, he/she shall return the file to the region, along with a memorandum setting forth his/her reasons for disapproval. An information copy shall be sent to the General Counsel. (TM 8/85)
If the Assistant Commissioner, Adjudications determines that institution of revocation proceedings is warranted, he/she shall forward the affidavit of good cause, the recommendation memorandum, and the supporting record with the subject's file to the General Counsel to pass upon such recommendation. If the General Counsel determines that institution of revocation proceedings is warranted, he/she shall forward the recommendation Litigation, Civil Division, Department of Justice. If the General Counsel dete
rmines that institution of revocation proceedings is not warranted, he/she shall return the file to the Assistant Commissioner, Adjudications, along with a memorandum setting forth his/her reasons for disapproval. (TM 8/85)
Where revocation proceedings have not been instituted by the Office of Special Investigations, Criminal Division, Department of Justice, the Assistant Regional Commissioner, Inspections and Adjudications shall immediately notify the Office of Special Investigations of the institution of such proceedings if the subject is an alleged Nazi war criminal. (TM 8/85)
OI 340.3 Motion to reopen completed naturalization cases during term to court.
A motion prepared pursuant to section 340(j) which is designed to effect reconsideration and eventual denial of the petition for naturalization shall be submitted to the regional office for review before being filed with the court. (TM 8/85)
APPENDIX to OI 340.1
TO: Regional Commissioner, Burlington, Vt.
FROM: District Director, New York, New York
SUBJECT: A-2500000; John Smith (alias James Walters), 328 West 52nd Street, New York, New York; possible revocation proceedings.
Attention: Regional Counsel
1. John Jones, 22 Broadway, New York, New York, attorney.
2. Declaration No. 1533000, filed January 5, 1949, United States District Court, Brooklyn, New York.
Petition No. 124871, filed Aril 1, 1956, United States District Court, New York, New York (filed under section ___' Immigration and Nationality Act).
Certificate of naturalization No. 8200000 issued June 1, 1956.
3. Pertinent facts of record. During the preliminary investigation conducted by Naturalization Examiner John Clark on April 1, 1956, prior to filing his petition, Smith testified under oath that he had never used any name other than John Smith and that he had never been arrested for or convicted of the violation of any law or ordinance and that he had never been summoned into court or paid a fine.
During the preliminary examination conducted under oath on the same date by Naturalization Examiner Richard Simpson, Smith gave the same testimony. No objection was made to naturalization.
4. Facts developed by the investigation. In a sworn statement made in this office before Investigator R. A. West on December 4, 1962, Smith admitted that, using the name of James Walters he at Philadelphia, Pennsylvania, on December 1, 1953, of theft committed July 2, 1953, of goods valued at $5,000 from an interstate shipment; that he was sentenced on December 15, 1953, to serve 18 months at the Federal penitentiary at Atlanta, Georgia, from which he was released May 1, 1955. Smith further stated that,
although he has never been married, he lived in an adulterous relationship with Ada Doe, a woman then married, from July of 1950 until November of 1961. He also testified that he had been arrested in New York City in 1957 for loitering, fingerprinted, and released.
A sworn statement was taken from Ada Doe on November 17, 1962, in connection with her application for registry in San Francisco, which statement corroborates that of Smith concerning the adulterous relationship. This statement is contained in A-11000000.
5. Available witnesses. RICHARD SIMPSON, Officer in Charge, Newark, New Jersey, can testify as to statements made on preliminary examination concerning arrests and use of alias. JOHN CLARK is deceased.
R. A. WEST, Investigator, assigned to this office. Can testify as to statement made by Smith December 4, 1962.
6. Documentary evidence. Certified transcript of criminal record, in this file.
FBI fingerprint record identifying James Walters who was convicted for interstate theft in 1953 as the same person who was arrested in 1957 for loitering under the name John Smith. This is also in the file.
Sworn statement of John Smith made December 4, 1962, in the file.
Application form for petition for naturalization and duplicate copy of petition, showing examiner's notes, in the file.
7. Conclusions and authorities. From the foregoing, it is submitted that this naturalization was procured by concealment of material facts and by willful misrepresentations both as to the petitioner's criminal record and as to his use of an alias. This can be proved by the witnesses and documents listed above.
8. Comments. John Smith would apparently be entitled to no special exemptions under the naturalization laws if he were filing a petition as of now, and he could not qualify as a person of good moral character under section 101(f) of the Immigration and Nationality Act because of his commission of adultery.
9. Recommendation. It is recommended that proceedings be instituted to revoke the order admitting John Smith to citizenship and canceling the certificate of naturalization on the ground that such order and certificate were procured by concealment of material facts and by willful misrepresentations.