[Federal Register Volume 61, Number 209 (Monday, October 28, 1996)]
[Rules and Regulations]
[Pages 55550-55555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27749]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 340

[INS No. 1634-93]
RIN 1115-AD45


Revocation of Naturalization

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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SUMMARY: This rule amends the Immigration and Naturalization Service 
(Service) regulations relating to revocation of naturalization under 
section 340 of the Immigration and Nationality Act (Act). This rule 
establishes an administrative process whereby a district director may 
reopen and reconsider applications for naturalization pursuant to 
section 340(h) of the Act. This rule will facilitate the transfer of 
naturalization authority contemplated by Congress from the courts to 
the Attorney General while retaining the protection for the individual 
provided under judicial naturalization.

EFFECTIVE DATE: October 24, 1996.

FOR FURTHER INFORMATION CONTACT:
Jody Marten or Thomas Cook, Naturalization and Citizenship Services 
Branch, Adjudications Division, Immigration and Naturalization Service, 
425 I Street, NW, Room 3214, Washington, DC 20536, telephone (202) 514-
3240. This is not a toll-free number.

SUPPLEMENTARY INFORMATION:

Background

    The Immigration Act of 1990 (IMMACT), Public Law 101-649, dated 
November 29, 1990, amended section 340 of the Act, Revocation of 
Naturalization, to bring the reopening process of section 340(i) of the 
Act into conformity with the change to Administrative Naturalization. 
That

[[Page 55551]]

section, now designated 340(h), provides the Attorney General with the 
power to correct, reopen, alter, modify, or vacate an application 
granted under Administrative Naturalization. Such power had heretofore 
rested within the discretion of the courts, which had held exclusive 
jurisdiction over naturalization prior to the enactment of IMMACT.
    With the change to Administrative Naturalization brought about by 
IMMACT, however, courts no longer hold jurisdiction over naturalization 
applications. It is now the responsibility of the Service to receive 
applications for naturalization and conduct examinations to determine 
statutory eligibility for citizenship. Additionally, the Service 
renders formal determinations on grants and denials of applications for 
naturalization, and provides for administrative review of applications 
subject to denial for cause before a final determination is made. 
Accordingly, Congress had amended section 340(i) of the Act to provide 
the Attorney General with the reopening power previously held by the 
courts.
    In fact, the amendment to section 340(h) of the Act simply replaces 
the court's jurisdiction with that of the Attorney General, leaving the 
authority described in that statute unchanged. Taking this into 
account, the Service has developed a regulatory proposal that resembles 
the way courts conducted proceedings under the pre-amended section 
340(i) of the Act. In developing the proposed rule, the Service relied 
upon Federal Rules of Civil Procedure 60(b) and related jurisprudence. 
On July 28, 1994, the Service published a proposed rule in the Federal 
Register at 59 FR 38381 with request for comments by September 26, 
1994, to provide a procedure for the Service to reopen administrative 
proceedings pursuant to section 340(h) of the Act, as amended. The 
proposed rule was structured in a manner that would facilitate the 
transfer of naturalization authority contemplated by Congress while 
protecting the individual's rights provided under judicial 
naturalization.
    The proposed rule redesignated Sec. 340.11 as Sec. 340.2 and 
changed the heading to distinguish the actions described therein from 
those described in Sec. 340.1. In addition, it clarified the procedures 
and guidelines for recommending institution of revocation proceedings 
or criminal procedures. The proposed rule at Sec. 340.1(e)(2) was 
rewritten to clarify the appeal process to the district director with 
the referral to the Administrative Appeals Unit.

Discussion of Comments

    The Service received comments from five individuals. Three of the 
commenters stated they were concerned about the 1-year deadline on re-
opening of applications for naturalization. One commenter stated 1 year 
was not sufficient time if an applicant's fraudulent means of securing 
naturalization became apparent more than 1 year after being 
naturalized. Another commenter objected to the length of time of 1 year 
that the Service had to reopen a naturalization application, while the 
Executive Office for Immigration Review (EOIR) at the same time 
published regulations and provided the applicant only with 30 days in 
which to file a motion to reconsider a final administrative decision 
under 8 CFR 3.2. Another commenter raised concern for the due process 
rights of the applicant, and two commenters stated personal service was 
a fundamental fairness issue. The following is a summarized discussion 
of those comments and the Service's response.

Section 340.1(b)(1) Procedures for Reopening of Naturalization 
Proceedings

    The Service proposed that the district director under whose 
jurisdiction the original naturalization proceeding took place has 
jurisdiction to reopen proceedings under this section. The notice of 
intent to reopen naturalization proceedings and to revoke 
naturalization must be served no later than 1 year after the effective 
date of the order admitting a person to citizenship, as determined 
under Sec. 337.9 of this chapter.
    One commenter suggested that, in requiring service of a notice of 
intent to reopen naturalization and deny naturalization within 1 year 
of the original naturalization decision, the Service had adopted too 
narrow a reading of its authority under section 340(h). He stated 
grounds for naturalization revocation may become known after the 1-year 
time frame. For example, terrorists and other persons who may have 
committed criminal and terrorist acts which would have rendered them 
ineligible for naturalization may come to the Service's attention more 
than 1 year after naturalization. He pointed out by limiting 
administrative reopening to 1 year, the Service is prevented from 
revoking naturalization in these situations.
    The Service believes the 1-year period for reopening a 
naturalization case and filing a notice of intent to revoke 
naturalization does not provide sufficient time if the applicant's 
fraudulent means of securing naturalization become apparent more than 1 
year after being naturalized. The Service believes the 1-year rule 
imposes a limitation on the exercise of the Attorney General's 
authority that is not required by statute.
    Furthermore, the Service found that extending the 1-year time limit 
to 2 years still has the effect of keeping the number of reopenings to 
actions truly corrective in nature and maintains the original intent of 
this regulation. The Service does not intend the reopening process to 
be used in cases requiring extensive investigation of possible grounds 
for revocation. The Service views the reopening proceedings as more of 
a corrective measure, as opposed to a simplified alternative to 
revocation proceedings under section 340(a) of the Act. If evidence of 
any of the above-listed grounds is obtained after 2 years from the time 
naturalization vested, or investigation of possible grounds for 
reopening extends beyond such period, the Service must forego 
administrative reopening and proceed with judicial revocation 
proceedings under section 340(a) of the Act.
    The Service also changed the jurisdiction from that of the district 
office where the original naturalization took place to the district 
office having jurisdiction over the naturalized person's last known 
place of residence in the United States to make the jurisdiction 
consistent with Sec. 340.2. The Service also changed the language from 
the proposed regulation from notice of intent to deny to notice of 
intent to revoke naturalization. Although the naturalized applicant has 
been served a notice of intent to reopen naturalization proceedings, he 
or she remains a citizen until the Service revokes naturalization.

Section 340.1(b)(2) Notice of Intent To Reopen Naturalization 
Proceedings and To Revoke Naturalization

    The proposed rule states that if the district director determines 
that reopening a naturalization proceeding is warranted under 
Sec. 340.1(a), he or she shall prepare a written notice of intent to 
reopen naturalization proceedings and to revoke naturalization. The 
notice shall advise the applicant of his or her right to submit a 
response to the notice and to request a hearing, as provided in 
Sec. 340.1(b)(3). The Service is further obligated to serve the notice 
of intent to reopen naturalization proceedings and to revoke 
naturalization upon the applicant by personal service, as described in 
Sec. 103.5a(a)(2).

[[Page 55552]]

    Two commenters stated that personal service on the newly 
naturalized citizen was an absolute prerequisite for reopening 
naturalization proceedings.
    One commenter said the Service should require personal service as 
described by Sec. 103.5a(a)(2) because it is less restrictive than 
unspecified personal service under 8 CFR 246.1 for rescission. He also 
said that the Service should send certified letters with return receipt 
requested. The commenter stated this requirement should be the same as 
that required for service of an order to show cause, i.e., to be the 
individual's last known address. Two of the commenters stated that, in 
general, the proposed regulation would place the citizen and former 
alien in the same position as a lawful permanent resident alien, or a 
person with less standing. They stated that personal service is a 
fundamental tenet and prerequisite to due process.
    In response to the comments, the Service has added a new paragraph 
(b)(2)(ii) to Sec. 340.1, to clarify that the use of certified mail is 
a form of ``personal service.'' It will read as follows: ``The Service 
shall serve the notice of intent to reopen naturalization proceedings 
and to revoke naturalization upon the applicant by personal service, as 
described in Sec. 103.5a(a)(2) of this chapter. When personal service 
is accomplished by certified or registered mail, return receipt 
requested, but the notice is returned as undeliverable, the Service 
shall serve the notice again, using one of the other methods of 
personal service described in Sec. 103.5a(a)(2) of this chapter.''
    One of the commenters also stated the persons being naturalized 
should be advised that their naturalization could be revoked within 1 
year of being naturalized. The Service believes there is no reason to 
provide additional notice regarding reopening of citizenship 
applications since the naturalization requirements and procedures are 
clearly stated in the regulations. In addition, upon applying for 
naturalization, the instructions for completing the Form N-400, 
Application for Naturalization, specify the penalties for an applicant 
who knowingly and willfully falsifies or conceals a material fact or 
submits a false document. The applicant also signs under penalty or 
prejury that the application and evidence submitted with it are all 
true and correct.

Section 340.1(b)(3) Applicant's Opportunity To Respond and To 
Request Hearing

    In this paragraph, the applicant may submit a response to the 
Service's notice of intent to reopen naturalization proceedings and to 
revoke naturalization within sixty (60) days. The applicant may request 
a hearing before an immigration officer, and must submit a written 
request for a hearing together with any statements and/or additional 
documents.
    One commenter considered it unfair that the Service has 1 year in 
which to initiate naturalization proceedings, while the applicant is 
required to appeal a final decision within 30 days under the proposed 
EOIR regulations cited at 8 CFR 3.2. The commenter stated that this 
promotes the convenience of the Service rather than the fundamental 
fairness and justice to all parties to implement the Woodby standard of 
clear, convincing, and unequivocal evidence. See Woodby v. Immigration 
and Naturalization Service, 385 U.S. 276 (1966). The commenter 
contended that there is a greater onus on the applicant to provide 
evidence to rebut the Service's allegations. None of the other 
commenters addressed the time in which an applicant must respond to the 
Service's notice.
    The Service believes that the 2-year period established in 
Sec. 340.1(b)(1), for service of a notice of intent to reopen a 
naturalization proceeding and to revoke naturalization is well-founded, 
given Fed.R.Civ.P. 60(b) and the cases decided in the courts under 
section 340(h) before Congress vested this authority in the Attorney 
General. The EOIR regulation that the commenter relies on pertains to 
administrative practice before the Board of Immigration Appeals, and is 
not relevant to the reopening of a naturalization proceeding under 
section 340(h).

Section 340.1(b)(4) Withdrawal of Application or Failure To Respond

    The Service proposed that the applicant may submit a written 
statement admitting the facts which the district director alleges as 
grounds for reopening, and withdraw the application for naturalization. 
In addition, the applicant must sign the statement under oath or 
affirmation or certify the truth of the statement under penalty of 
perjury. If the applicant fails to submit a response to the notice of 
intent to reopen naturalization proceedings and to revoke 
naturalization within the period specified in Sec. 340.1(b)(3), the 
applicant shall be considered to have admitted the grounds for 
reopening and to have withdrawn the application for naturalization.
    In light of these consequences of failing to respond, two 
commenters felt personal service on the newly naturalized citizen was 
an absolute prerequisite for reopening naturalization proceedings.
    One commenter said that failure to respond should constitute 
withdrawal only, not admission of grounds for revocation. He said 
preventing an alien from contesting deportability because of failure to 
respond unfairly penalizes the alien. Because the Service might not 
have to prove deportability by the Woodby standard, the commenter is 
concerned that the alien's right to due process is not properly 
protected. But an alien's admission of the allegations underlying a 
deportation charge is sufficient to meet the Woodby standard. Cf. 
Matter of Rodriguez-Majano, 19 I & N Dec. 811, 812 (BIA 1988). And 
treating a default as an admission is not unknown to the law. F. Rule 
Civ. P. 55. So long as the individual has notice of the allegations, 
and of the consequences of a failure to respond, the Service does not 
believe that Sec. 340.1(b)(4)(ii) poses any due process problems.
    As indicated in the discussion of Sec. 340.1(b)(2), the Service 
believes it has resolved the due process issue, by not only recognizing 
use of certified or registered mail as a form of ``personal service,'' 
but by providing further that the notice must be served anew if the 
certified or registered mail is returned as ``undeliverable.'' In 
addition, in revising the last sentence of Sec. 340.1(b)(2), the 
Service will serve the notice again using one of the methods of 
personal service described in Sec. 103.5a(2). The Service believes it 
has protected the applicant's due process rights by advising him or her 
of the procedures for appealing the notice of intent to revoke 
naturalization. Therefore, the final rule maintains that failure to 
respond will be deemed an admission of the stated grounds for reopening 
and denying naturalization.

Section 340.1(g)(3) Effect of Final Decision of Denial Upon 
Applicant's Status

    The Service proposed that, when a decision to reopen naturalization 
proceedings and to revoke naturalization becomes final, the district 
director shall order the applicant to surrender his or her certificate 
of naturalization. The district director shall then cancel the 
certificate of naturalization.
    One commenter stated that, in addition to the cancellation of the 
certificate of naturalization, the district director should order the 
applicant to surrender his or her certificate of naturalization and any 
U.S. passport in his or her possession. Then, the Service should notify 
the Department of State.

[[Page 55553]]

    The Service believes that until a decision to reopen naturalization 
proceedings and to revoke naturalization becomes final, through failure 
to appeal or through exhaustion of all administrative and/or judicial 
appeals, the applicant remains a citizen of the United States. When the 
Service makes a final decision, the naturalization is rendered void ab 
initio and the applicant must surrender his or her certificate of 
naturalization for cancellation. The Service agrees that when an 
individual's citizenship has been revoked, his or her U.S. passport 
should be canceled as well. Therefore, the district office having 
authority over the revocation will notify the Department of State, 
Passport Services, Washington, D.C., of the revocation of 
naturalization since the cancellation of a passport is within its 
authority.

Regulatory Flexibility Act

    The Commissioner of the Immigration and Naturalization Service, in 
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has 
reviewed this regulation and, by approving it, certifies that the rule 
will not have a significant impact on a substantial number of small 
entities because of the following factors. This rule proposes a 
procedure for the Service to reopen naturalization applications filed 
by individuals. The affected parties are not small entities, and the 
impact of the regulation is not an economic one.

Executive Order 12866

    This rule is considered by the Office of Management and Budget to 
be a ``significant regulatory action'' under Executive Order 12866, 
section 3(f), Regulatory Planning and Review, and accordingly, this 
rule has been reviewed by the Office of Management and Budget.

Executive Order 12612

    The regulation adopted herein will not have substantial direct 
effects on the States, on the relationship between the National 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this rule 
does not have sufficient Federalism implications to warrant the 
preparation of a Federalism Assessment.

Executive Order 12988

    This rule meets the applicable standards provided in sections 3(a) 
and 3(b)(2) of Executive Order 12988.

List of Subjects in 8 CFR Part 340

    Citizenship and naturalization, Law enforcement.

    Accordingly, part 340 of chapter I of title 8 of the Code of 
Federal Regulations is amended as follows:

PART 340--REVOCATION OF NATURALIZATION

    1. The authority citation for part 340 continues to read as 
follows:

    Authority: 8 U.S.C. 1103, 1443.

    2. A new Sec. 340.1 is added to read as follows:


Sec. 340.1  Reopening of a naturalization application by a district 
director pursuant to section 340(h) of the Act.

    (a) Reopening general. On its own motion, the Service may reopen a 
naturalization proceeding and revoke naturalization in accordance with 
this section, if the Service obtains credible and probative evidence 
which:
    (1) Shows that the Service granted the application by mistake; or
    (2) Was not known to the Service Officer during the original 
naturalization proceeding; and--
    (i) Would have had a material effect on the outcome of the original 
naturalization; and
    (ii) Would have proven that:
    (A) The applicant's application was based on fraud or 
misrepresentation or concealment of a material fact; or
    (B) The applicant was not, in fact, eligible for naturalization.
    (b) Procedure for reopening of naturalization proceedings. (1) 
Jurisdiction. The district director under whose jurisdiction the 
applicant currently resides has jurisdiction to reopen proceedings 
under this section, except that notice of intent to reopen 
naturalization proceedings and to revoke naturalization must be served 
no later than 2 years after the effective date of the order admitting a 
person to citizenship, as determined under Sec. 337.9 of this chapter. 
This section applies to any order admitting a person to citizenship 
with an effective date before, on, or after October 24, 1996.
    (2) Notice of intent to reopen naturalization proceedings and to 
revoke naturalization. (i) If the district director determines that 
reopening a naturalization proceeding is warranted under paragraph (a) 
of this section, the district director shall prepare a written notice 
of intent to reopen naturalization proceedings and to revoke 
naturalization. The notice shall describe in clear and detailed 
language the grounds on which the district director intends to reopen 
the proceeding. The notice shall include all evidence which the 
district director believes warrants reopening of the proceeding. The 
notice shall advise the applicant of his or her right to submit a 
response to the notice and to request a hearing, as provided in 
paragraph (b)(3) of this section.
    (ii) The Service shall serve the notice of intent to reopen 
naturalization proceedings and to revoke naturalization upon the 
applicant by personal service, as described in Sec. 103.5a(a)(2) of 
this chapter. When personal service is accomplished by certified or 
registered mail, return receipt requested, but the notice is returned 
as undeliverable, the Service shall serve the notice again, using 
another one of the methods of personal service described in 
Sec. 103.5a(a)(2) of this chapter.
    (3) Applicant's opportunity to respond and to request hearing. (i) 
Within sixty (60) days of service of the notice of intent to reopen 
naturalization proceedings and to revoke naturalization, the applicant 
may submit a response to the Service. The response may include any 
statements and/or additional evidence the applicant wishes to present 
in response to the proposed grounds for reopening.
    (ii) The applicant may request a hearing on the notice of intent to 
reopen naturalization proceedings and to revoke naturalization before 
an immigration officer authorized to review naturalization applications 
under sections 310 and 335 of the Act. The applicant must submit a 
written request for a hearing together with any statements and/or 
additional evidence within sixty (60) days of service of this notice. 
The Service shall schedule a requested hearing as soon as practicable.
    (4) Withdrawal of application or failure to respond. (i) Upon 
receipt of the notice of intent to reopen naturalization proceedings 
and to revoke naturalization, the applicant may submit a written 
statement admitting the facts which the district director alleges as 
grounds for reopening, and withdrawing the application for 
naturalization. The applicant shall sign the statement under oath or 
affirmation or shall certify the truth of the statement under penalty 
of perjury.
    (ii) If the applicant fails to submit a response to the notice of 
intent to reopen naturalization proceedings and to revoke 
naturalization within the period specified in paragraph (b)(3) of this 
section, that failure to respond will be deemed an admission of the 
stated grounds for reopening and revoking naturalization.
    (5) Right to counsel. The applicant may be represented at any time 
during

[[Page 55554]]

reopening proceedings by an attorney or other representative qualified 
under part 292 of this chapter.
    (6) Burden of proof. Upon service of a notice of intent to reopen 
naturalization proceedings and to revoke naturalization, the applicant 
bears the burden of persuading the district director that, 
notwithstanding the evidence described in the notice, the applicant was 
eligible for naturalization at the time of the order purporting to 
admit the applicant to citizenship.
    (c) Record of reopened proceedings. The record shall include, but 
is not limited to:
    (1) The applicant's application for naturalization;
    (2) The Service's notice of intent to reopen naturalization 
proceedings and to revoke naturalization with proof of service to the 
applicant;
    (3) All evidence forming the basis for reopening the naturalization 
application;
    (4) The applicant's statement and/or evidence in response to the 
Service's notice and in support of the application; and
    (5) The record of the hearing, if a hearing was held.
    (d) Decision. (1) The district director shall render a written 
decision on the reopened naturalization application within 180 days of 
service of the notice of intent to reopen naturalization proceedings 
and to revoke naturalization. The decision shall consist of findings of 
fact, conclusions of law, and a final determination on the 
naturalization application. Notice of decision shall be served on the 
applicant or his or her attorney or representative, if applicable.
    (2) Referral for revocation suit. Rather than reopening a 
naturalization decision and revoking naturalization, the district 
director shall refer a case for revocation proceedings under Sec. 340.2 
if:
    (i) The applicant's answer to the notice of intent to reopen a 
naturalization proceeding and to revoke naturalization and any 
additional evidence that the applicant submits raises a genuine factual 
issue about the propriety of the applicant's naturalization, so that 
resolution of the factual issue will depend on the credibility of 
witnesses testifying under oath and subject to cross-examination; or
    (ii) After rendering a decision on the merits, the district 
director determines that the applicant had adequately rebutted the 
allegations made in the notice of intent to reopen naturalization 
proceedings and to revoke naturalization, but the district director 
thereafter obtains additional evidence of at least one of the grounds 
set forth in paragraph (a) of this section.
    (e) Appeals. (1) The applicant may appeal an adverse decision under 
paragraph (d) of this section to the Office of Examinations, 
Administrative Appeals Unit. Any appeal shall be filed initially with 
the district director within thirty (30) days after service of the 
notice of decision. Such appeal shall be filed in accordance with 
Sec. 103.1 and Sec. 103.7 of this chapter, by filing the appeal on Form 
I-290B with the fee. Appeals received after the 30-day period may be 
subject to dismissal for failure to timely file.
    (2) If, within 45 days of the filing of a notice of appeal, the 
district director determines that the materials filed in support of the 
appeal adequately rebut the grounds for reopening, the district 
director may reconsider the decision to reopen the naturalization 
application and to revoke naturalization, and affirm the original 
decision naturalizing the applicant. In such a case, it is not 
necessary for the district director to forward the case to the 
Administrative Appeals Unit. If, after the district director affirms an 
original naturalization grant under this paragraph, the Service obtains 
additional evidence of the grounds set forth in paragraph (a) of this 
section, the Service may not bring a new motion to reopen the 
naturalization proceeding and to revoke naturalization, but may seek to 
revoke the applicant's naturalization only pursuant to section 340(a) 
of the Act.
    (f) Judicial review. If a decision of the Office of Examinations, 
Administrative Appeals Unit, is adverse to the applicant, the applicant 
may seek judicial review in accordance with section 310 of the Act.
    (g) Effect of final decision of denial upon applicant's status. (1) 
A final decision to reopen a naturalization proceeding and to revoke 
naturalization shall be effective as of the date of the original order 
purporting to admit the applicant to citizenship. The order purporting 
to admit the applicant to citizenship shall then have no legal effect.
    (2) A district director's decision to reopen naturalization 
proceedings and to revoke naturalization will be final, unless the 
applicant seeks administrative or judicial review within the period 
specified by law or regulation.
    (3) When a decision to reopen naturalization proceedings and to 
revoke naturalization becomes final, the district director shall order 
the applicant to surrender his or her certificate of naturalization. 
The district director shall then cancel the certificate of 
naturalization, and shall also notify the Department of State of the 
revocation of naturalization.
    (4) Notwithstanding the service of a notice of intent to reopen 
naturalization proceedings and to revoke naturalization, the applicant 
shall be considered to be a citizen of the United States until a 
decision to reopen proceedings and deny naturalization becomes final.
    (h) Applicant's request for reopening or modification of 
application. After having been granted naturalization and administered 
the oath of allegiance and renunciation, an applicant may move that the 
Service reopen his or her naturalization application for the purpose of 
amending the application in accordance with Sec. 334.5 of this chapter.


Sec. 340.11  [Redesignated as Sec. 340.2 and revised]

    3. Section 340.11 is redesignated as Sec. 340.2 and is revised to 
read as follows:


Sec. 340.2  Revocation proceedings pursuant to section 340(a) of the 
Act.

    (a) Recommendations for institution of revocation proceedings. 
Whenever it appears that any grant of naturalization may have been 
illegally procured or procured by concealment of a material fact or by 
willful misrepresentation, the facts shall be reported to the district 
director having jurisdiction over the naturalized person's last known 
place of residence in the United States. If the district director is 
satisfied that a prima facie case exists for revocation pursuant to 
section 340(a) of the Act, he or she shall report the facts in writing 
to the Regional Director, with a recommendation regarding the 
institution of revocation proceedings.
    (b) Recommendation for criminal prosecution. If it appears to the 
district director that a case described in paragraph (a) of this 
section or one in which a final decision has been reached under 
Sec. 340.1(g) is amenable to criminal penalties under 18 U.S.C. 1425 
for unlawful procurement of citizenship or naturalization, the district 
director may present such facts to the appropriate United States 
Attorney for possible criminal prosecution.
    (c) Reports. It shall be the responsibility of the district 
director to advise the Service office that originated the information 
upon which the revocation inquiry is based about the progress of the 
investigation, and report the findings of the inquiry as soon as 
practicable.


[[Page 55555]]


    Dated: October 15, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-27749 Filed 10-24-96; 4:00 pm]
BILLING CODE 4410-10-M