CITE

    8 USC Sec. 1447                                             01/05/2009

EXPCITE

    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

HEAD

    Sec. 1447. Hearings on denials of applications for naturalization

STATUTE

    (a) Request for hearing before immigration officer
      If, after an examination under section 1446 of this title, an
    application for naturalization is denied, the applicant may request
    a hearing before an immigration officer.
    (b) Request for hearing before district court
      If there is a failure to make a determination under section 1446
    of this title before the end of the 120-day period after the date
    on which the examination is conducted under such section, the
    applicant may apply to the United States district court for the
    district in which the applicant resides for a hearing on the
    matter. Such court has jurisdiction over the matter and may either
    determine the matter or remand the matter, with appropriate
    instructions, to the Service to determine the matter.
    (c) Appearance of Attorney General
      The Attorney General shall have the right to appear before any
    immigration officer in any naturalization proceedings for the
    purpose of cross-examining the applicant and the witnesses produced
    in support of the application concerning any matter touching or in
    any way affecting the applicant's right to admission to
    citizenship, and shall have the right to call witnesses, including
    the applicant, produce evidence, and be heard in opposition to, or
    in favor of the granting of any application in naturalization
    proceedings.
    (d) Subpena of witnesses
      The immigration officer shall, if the applicant requests it at
    the time of filing the request for the hearing, issue a subpena for
    the witnesses named by such applicant to appear upon the day set
    for the hearing, but in case such witnesses cannot be produced upon
    the hearing other witnesses may be summoned upon notice to the
    Attorney General, in such manner and at such time as the Attorney
    General may by regulation prescribe. Such subpenas may be enforced
    in the same manner as subpenas under section 1446(b) of this title
    may be enforced.
    (e) Change of name
      It shall be lawful at the time and as a part of the
    administration by a court of the oath of allegiance under section
    1448(a) of this title for the court, in its discretion, upon the
    bona fide prayer of the applicant included in an appropriate
    petition to the court, to make a decree changing the name of said
    person, and the certificate of naturalization shall be issued in
    accordance therewith.

SOURCE

    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 336, 66 Stat. 257;
    Pub. L. 91-136, Dec. 5, 1969, 83 Stat. 283; Pub. L. 97-116, Sec.
    15(d), Dec. 29, 1981, 95 Stat. 1619; Pub. L. 100-525, Sec. 9(cc),
    Oct. 24, 1988, 102 Stat. 2621; Pub. L. 101-649, title IV, Sec.
    407(c)(17), (d)(14), Nov. 29, 1990, 104 Stat. 5041, 5044; Pub. L.
    102-232, title III, Sec. 305(g), (h), Dec. 12, 1991, 105 Stat.
    1750.)

AMENDMENTS

      1991 - Subsecs. (d), (e). Pub. L. 102-232, Sec. 305(g), (h),
    amended Pub. L. 101-649, Sec. 407(d)(14)(D)(i), (E)(ii),
    respectively. See 1990 Amendment note below.
      1990 - Pub. L. 101-649, Sec. 407(d)(14)(A), amended section
    catchline generally.
      Subsecs. (a), (b). Pub. L. 101-649, Sec. 407(d)(14)(B), amended
    subsecs. (a) and (b) generally, substituting provisions relating to
    requests for hearing upon denial of application and failure to make
    determination, for provisions relating to holding of hearing in
    open court and exceptions to same, respectively.
      Subsec. (c). Pub. L. 101-649, Sec. 407(c)(17), (d)(14)(C),
    substituted "immigration officer" for "court" and references to
    applicant, applicant's, and application for references to
    petitioner, petitioner's, and petition wherever appearing.
      Subsec. (d). Pub. L. 101-649, Sec. 407(d)(14)(D)(i), as amended
    by Pub. L. 102-232, Sec. 305(g), substituted "immigration officer
    shall, if the applicant requests it at the time of filing the
    request for the hearing" for "clerk of court shall, if the
    petitioner requests it at the time for filing the petition for
    naturalization".
      Pub. L. 101-649, Sec. 407(c)(17), (d)(14)(D)(ii), (iii),
    substituted "applicant" for "petitioner", struck out "final" before
    "hearing" wherever appearing, and inserted at end "Such subpenas
    may be enforced in the same manner as subpenas under section
    1446(b) of this title may be enforced."
      Subsec. (e). Pub. L. 101-649, Sec. 407(d)(14)(E)(i), substituted
    "administration by a court of the oath of allegiance under section
    1448(a) of this title" for "naturalization of any person,".
      Pub. L. 101-649, Sec. 407(d)(14)(E)(ii), as amended by Pub. L.
    102-232, Sec. 305(h), substituted "included in an appropriate
    petition to the court" for "included in the petition for
    naturalization of such person".
      Pub. L. 101-649, Sec. 407(c)(17), substituted "applicant" for
    "petitioner".
      1988 - Pub. L. 100-525 amended section catchline.
      1981 - Subsec. (a). Pub. L. 97-116, Sec. 15(d)(1), struck out
    "and the witnesses" after "such petition the petitioner".
      Subsec. (b). Pub. L. 97-116, Sec. 15(d)(1), struck out "and the
    witnesses" after "examination of the petitioner" in two places.
      Subsec. (c). Pub. L. 97-116, Sec. 15(d)(2), (3), redesignated
    subsec. (d) as (c) and struck out former subsec. (c) which
    prescribed a waiting period of thirty days after the filing of a
    petition for naturalization for the holding of a final hearing and
    permitted waiver of such period by the Attorney General if he
    determined that a waiver was in the public interest.
      Subsec. (d). Pub. L. 97-116, Sec. 15(3), (4), redesignated
    subsec. (e) as (d) and struck out provision permitting the
    substitution of witnesses if after the petition is filed any of the
    verifying witnesses appear to be not competent, provided the
    petitioner acted in good faith in producing such witness. Former
    subsec. (d) redesignated (c).
      Subsec. (e). Pub. L. 97-116, Sec. 15(d)(4), (5), redesignated
    subsec. (f) as (e). Former subsec. (e) redesignated (d).
      Subsec. (f). Pub. L. 97-116, Sec. 15(d)(5), redesignated subsec.
    (f) as (e).
      1969 - Subsec. (c). Pub. L. 91-136 struck out requirement that
    Attorney General, as a prerequisite to waiver of the waiting
    period, make an affirmative finding that such waiver will promote
    the security of the United States, and further struck out the
    provision prohibiting the acquisition of citizenship by final oath
    within 60 days preceding a general election and prior to the tenth
    day following such election.
                     EFFECTIVE DATE OF 1991 AMENDMENT
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.
                     EFFECTIVE DATE OF 1981 AMENDMENT
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS

      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.