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OI 287.13 Dealing with United States Attorneys.
Harmonious relationships shall be maintained with United States Attorneys so as to permit occasional discussion of particular cases before determining whether formal submission of a written report should be made.
Subject to regional direction in doubtful cases, the decision to close any case enumerated, without referral to the United States Attorney, shall not be delegated below district officers in charge of investigations or travel control, chief patrol agents, officers in charge, or officers officially given the organizational title of immigrant inspector in charge. The cases involved are those in which inquiry satisfactorily establishes that: the statute of limitations has run; in the case of a violation of sec
tion 911 of title 18, United States Code, the alien falsely represented himself to be a citizen of the United States solely for the purpose of obtaining employment which he could or would have obtained even though he had fully disclosed his foreign nationality and alien status; in the case of a violation of section 1426(h) of title 18, United States Code, the person charged with the violation was ignorant of the provisions of those sections and did not use the duplicated document for any unlawful purpose; i
n the case of a violation of section 266(a) of the Immigration and Nationality Act, there was no refusal or willful failure to apply for registration and fingerprinting and the alien complies with the provisions of section 262 on demand; in the case of a violation of section 266(b) of the Immigration and Nationality Act, the alien's failure to comply was unintentional or due to the ignorance of the requirements of section 265, if the alien voluntarily furnishes full information regarding the addresses he fa
iled to report; or, the case is one of a class of cases declared by the appropriate United States Attorney, in writing, not to be worthy of consideration. Written confirmation of any informal understandings of this nature, already reached, should be sought from the United States Attorneys concerned. Action taken in an individual case, if not otherwise shown, shall be noted on the Form G-166 report, the executed Form I-213, or by use of Form G-197.
When a violator is found outside of the jurisdiction of a United States District Court where venue lies, reference to the United States Attorney shall be made through the appropriate district director or chief patrol agent.
If a defendant in Service custody has pending against him an indictment or information in a Federal court district other than the one where he is detained, the district director or chief patrol agent shall refer to the local United States Attorney the possibility of disposing of the criminal case locally under Rule 20, Federal Rules of Criminal Procedure.