naturalization, notice of that fact shall be transmitted to the court upon the appropriate form, addressed to the judge of the court, signed by the district director or divisional director, and mailed in ample time in advance of the hearing date to assure its presentation at the hearing. The petitions for naturalization due to be heard will be listed by number and name, together with all statements of fact immediately below the number and name of the case. The statement will show all facts which have been developed that may be unfavorable in nature and, if any, the grounds for objection, with pertinent comment and citations of authorities in support of the objection. In favorable cases it will be stated that no objection appears.** (Sec. 11, 34 Stat. 599; 8 U.S.C. 399) [1-I-2] 70.13 Motion where applicant for naturalization is or may be a citizen. Where doubt exists as to whether a petitioner for naturalization is already a citizen of the United States, the motion of the naturalization examiner, or, in those Federal courts where the fourteenth subdivision of section 4 of the Act of June 29, 1906, as amended by the Act of June 8, 1926 (44 Stat. 709; 8 U.S.C. 399a), is in effect, the recommendation of the designated examiner should in no case be for denial on the ground that the applicant is "already a citizen" unless the proof of that fact is clear and positive. In all other cases the motion or recommendation should state that insufficient evidence is available from which to determine whether the applicant is a citizen of the United States.*t [1-J-1] 70.14 Notice of exception and report where material objection is overruled. Where material objection on behalf of the United States by the Service to the granting of a petition for naturalization is overruled by the court, exception should be noted of record. A comprehensive report containing all the pertinent facts in any such case shall be submitted to the Central Office immediately in order to permit prompt determination of the question of review of the court's action through appellate, cancelation, or other proceedings. This report should be forwarded not later than 10 days after such objection is overruled*+ [1-K-1] 70.15 Investigation and report where certificate fraudulently or illegally procured. It shall be the duty of all naturalization officers, believing or having reason to believe that any certificate of citizenship has been wrongfully issued or fraudulently or illegally procured, to investigate or cause to be investigated immediately all facts and circumstances concerning the issuance of such certificate and to report the same in writing to the Commissioner of Immigration and Naturalization with appropriate recommendations.** (Sec. 15, 34 Stat. 601; 8 U.S.C. 405) [1-K-2] 70.16 Investigation and report of criminal offenses. It shall be the duty of all naturalization officers, believing or having reason to believe that an offense has been committed against the naturalization or citizenship laws, to investigate or cause to be investigated immediately all facts and circumstances concerning the commission of such offense and report the same in writing to the proper United States attorney and the Commissioner of Immigration and Naturalization with appropriate recommendations. The foregoing does not Page 178 **For statutory and source citations, see note to § 70.1. apply to cases covered by § 70.8.** (Sec. 23, 34 Stat. 603; 8 U.S.C. 414) [1-L-1] 70.17 Citizenship training. For the purpose of promoting instruction and training in citizenship responsibilities of aliens who are applicants for naturalization, district directors shall cooperate with the proper public-school authorities and others engaged in such work within their respective districts. The Federal Textbook on Citizenship Training, published by the Immigration and Naturalization Service, will be distributed to alien candidates for citizenship who are in attendance upon public schools giving such instruction and training. In the case of public-school classes whose courses, teaching, and examinations are personally known to the head of the field district to be satisfactory, the Service will be disposed to authorize the acceptance of their certificates as indicating the possession of adequate educational qualifications. Satisfactory arrangements for the acceptance of certificates must be made with the Central Office, and the matter thereafter submitted to the local Federal or State naturalization courts concerned for their approval also, before being made effective.** (Sec. 4 (9), 40 Stat. 544; 8 U.S.C. 387) [1-M-1] 70.18 Preliminary hearings upon petitions for naturalization by designated examiners; how conducted. Preliminary hearings upon petitions for naturalization by examiners or officers of the Immigration and Naturalization Service designated by the judge or senior judge of any United States District Court pursuant to the Act of June 8, 1926 (44 Stat. 709; 8 U.S.C. 399a), shall be conducted at such times and places as may be fixed by the designated examiner or officer upon the approval of the appropriate district director. All notices to petitioners to appear at such hearings, if necessary, shall be given to them by the district director or divisional director, as the case may be. Such hearings shall be open to the general public and shall be conducted in the orderly and dignified manner usual to a court proceeding. They shall be conducted in person by the designated examiner or officer, who must have before him in person the petitioner and his witnesses. Each petitioner and his witnesses shall be first duly sworn by the designated examiner or officer. The examination thereafter shall be thorough and courteous in manner, scrupulously fair, and free from prejudice or bias. The designated examiner or officer shall have before him at the preliminary hearing the record of the administrative examination in each case. He will not, however, be limited to the information contained in such record, but may use any material evidence or data received from other sources and may use and examine other witnesses than those prcduced by the petitioner. After the conclusion of the preliminary hearing in each case where a favorable recommendation is to be made to the court the petitioner may be told when to appear before the court for final hearing or that he will be notified of the day. The witnesses in such a case may be excused from further appearance. In any case where the recommendation is unfavorable the designated examiner will inform the petitioner of his right to appear before the court in person with his witnesses for the final hearing, of which date he shall be notified.** [1-N-2, 3] **For statutory and source citations, see note to § 70.1. Page 179 70.19 Designated examiners and officers without authority to administer oath of allegiance. Designated examiners and officers have no right or authority to administer the oath of allegiance to the petitioner, who must appear in person in open court at the final hearing before the judge of the court for that purpose.** (Sec. 4 (3), 34 Stat. 597; 8 U.S.C. 381) [1-N-4] 70.20 Record of preliminary naturalization hearing. At the time the designated examiner or officer conducts the preliminary hearing of each petitioner for naturalization he will enter on Form 2355 the petition number, petitioner's name, and, upon completion of the examination, fill in the symbols indicating his findings and a brief notation of the reasons for any unfavorable findings. This docket (Form 2355) shall be signed by him and shall be made available to the judge whenever desired, and after the final hearing filed of record in the field office.*t (44 Stat. 709; 8 U.S.C. 399a) [1-N-5] 70.21 Preparation and disposition of findings and recommendations of designated examiners. The designated examiner or officer will prepare in duplicate his findings and recommendations for presentation to the court on Forms 2351, 2351-A, 2351-B, and 2351-Ĉ for petitions which are recommended to be granted, on Form 2352 for petitions recommended to be denied, and on Form 2353 for petitions recommended to be continued. These findings and recommendations shall be signed by the designated examiner or officer and submitted to the judge of the court on or before the final hearing for approval of such recommendations, with such exceptions as the judge may deem proper. After the duplicate findings and recommendations have been signed by the judge of the court, the original of each of such forms will be retained permanently in the court and the duplicate sent to the Immigration and Naturalization Service by the clerk of court through the appropriate field officer.*t (44 Stat. 709; 8 U.S.C. 399a (a), (b)) [1-N-6] 70.22 Final hearings on petitions heard by designated examiners or officers; preservation of Government's rights. At the final hearing in open court upon any petition for naturalization in which there has been a preliminary examination under the provisions of the fourteenth subdivision of section 4 of the Act of June 29, 1906, as added by the Act of June 8, 1926 (44 Stat. 709; 8 U.S.C. 399a), the examination will be conducted by the naturalization examiner or officer in such manner that the rights of the United States will be conserved under section 11 of the Act of June 29, 1906 (34 Stat. 599; 8 U.S.C. 399), since these rights are in no manner restricted by such fourteenth subdivision. If a material objection be overruled by the court, an exception will be noted for possible action on review and leave obtained from the court to submit the objection in appropriate form for the record.** (Sec. 9, 34 Stat. 599; 8 U.S.C. 398) [1-N-7] Page 180 **For statutory and source citations, see note to § 70.1. Sec. PART 71-CLERKS OF COURTS 71.1 Division of year for accounting for naturalization fees. 71.2 Advance collection of naturalization fees. Sec. 71.5 Monthly reports; copies of records; when and to whom sent. 71.6 Disposition to be made of clerk's report and accounting. 71.3 Fees in United States courts; re- 71.7 Report of and accounting for void mittance. papers. 71.4 Fees in other than United States courts; remittance. Section 71.1 Division of year for accounting for naturalization fees. For the purposes of accounting and report of naturalization fees quarterly by clerks of courts, the fiscal year shall end on June 30 of any given calendar year and shall be divided as follows: First quarter ends September 30; second quarter, December 31; third quarter, March 31; and fourth quarter, June 30.** (Sec. 13, 34 Stat. 600, sec. 7 (b), 45 Stat. 1515; 8 U.S.C. 402, 402a) [2-A-1] *88 71.1 to 71.7, inclusive, issued under the authority contained in sec. 28, 34 Stat. 606, sec. 8, 45 Stat. 1515; 8 U.S.C. 356. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections. †The source of §§ 71.1 to 71.7, inclusive, is Naturalization rules and regulations, I&NS, Dec. 1, 1936. 71.2 Advance collection of naturalization fees. The fees provided for by section 13 of the Act of June 29, 1906, as amended (34 Stat. 600; 8 U.S.C. 402), shall be collected by the clerk of court in advance. [2-B-1] 71.3 Fees in United States courts; remittance. All naturalization fees collected by clerks of United States district courts (excluding Alaska, but including the clerks of the District Courts of the United States for Hawaii and Puerto Rico) shall be remitted quarterly to the Commissioner of Immigration and Naturalization by money order or draft, payable to the order of the "Secretary of Labor."** (Sec. 7 (b), 45 Stat. 1515; 8 U.S.C. 402a) [2-B-2] 71.4 Fees in other than United States courts; remittance. One-half of all naturalization fees collected by clerks of all other courts (including Alaska), up to $6,000 in any one fiscal year, shall be similarly remitted to the Commissioner of Immigration and Naturalization: Provided, That where the collections during the first quarter of any fiscal year equal or exceed $1,500, the clerk shall remit all in excess of $750; and where such collections for the first and second quarters equal or exceed $3,000, the clerk shall remit all in excess of $1,500; and where the collections for the first three quarters of the fiscal year equal or exceed $4,500, the clerk shall remit all in excess of $2,250; and in any case where the total collections for any fiscal year equal or exceed $6,000, the clerk shall remit all fees or moneys so collected in excess of $3,000.*+ (Sec. 13, 34 Stat. 600; 8 U.Š.C. 402) [2-B-3] 71.5 Monthly reports; copies of records; when and to whom sent. Unless otherwise directed by proper authority, clerks of courts shall, on the 1st day of each month, forward to the proper district director or divisional director all duplicates of declarations of inten **For statutory and source citations, see note to § 71.1. Page 181 tion and all duplicates and triplicates of petitions for naturalization filed during the preceding month, together with a report (Form 2208) in duplicate showing the serial numbers of such declarations and petítions so filed, the names and sex of the petitioners, and the approximate dates for final hearing: Provided, That when at any time during the month the number of declarations and petitions filed reaches 200 in the aggregate, the clerk shall forthwith forward such duplicates and report as herein provided. The duplicates of certificates of naturalization with their stubs intact shall be forwarded by clerks of courts to the proper district director or divisional director immediately after the hearing. The duplicates and report herein referred to shall be sent by registered mail and plainly marked "Official business."*+ (Sec. 12, 34 Stat. 599, sec. 1, 40 Stat. 376; 8 U.S.C. 400, 39 U.S.C. 324) [2-C-1] 71.6 Disposition to be made of clerk's report and accounting. Upon receipt of these monthly reports (Form 2208) and accompanying papers by the field officer concerned, said forms will be stamped so as to show the date of receipt. Duplicate papers will be examined in all cases at the local field office and appropriate action taken and record made therefrom. Thereafter they will be transmitted to the Central Office accompanied by original report (Form 2208), the duplicate report (Form 2208) and triplicate copy of petition being retained by the field office. If it be necessary for the field officer to return a duplicate paper to the clerk of court for correction, a carbon of the letter to the clerk returning such paper must be sent with the other papers, if there be any, to the Central Office for its information. The duplicate papers must not be held awaiting the return of the corrected papers from the clerk, but should be forwarded to the Central Office immediately after all records have been made. The corrected paper bearing the "received" stamp of the field office, as of the subsequent date of receipt, should be forwarded to the Central Office when received from the clerk of court.*t (Sec. 12, 34 Stat. 599; 8 U.S.C. 400) [2-C-3] 71.7 Report of and accounting for void papers. Clerks in their "Monthly Report" (Form 2208) and "Abstract of Quarterly Collections" (Form 2212) shall separately list void declarations, petitions, or certificates, according to the number assigned them and by appropriate notation indicate that the same are "void".*t (Secs. 12, 14, 34 Stat. 599, 601; 8 U.S.C. 400, 404) [2-C-2] Page 182 **For statutory and source citations, see note to § 71.1. |