records of the Navy or Air Force, or records of contractors of those agencies, and was residing in Guam on December 24, 1952.

(i) Aliens admitted to Guam. An alien who establishes that he was admitted to Guam prior to December 24, 1952, by records such as Service records subsequent to June 15, 1952, records of the Guamanian Immigration Service, records of the Navy or Air Force, or records of contractors of those agencies; that he was not excludable under the Act of February 5, 1917, as amended; and that he continued to reside in Guam until December 24, 1952, and thereafter was not admitted or readmitted into Guam as a nonimmigrant, provided that the provisions of this paragraph shall not apply to an alien who was exempted from the contract laborer provisions of section 3 of the Immigration Act of February 5, 1917, as amended, through the exercise, expressly or impliedly, of the 4th or 9th provisos to section 3 of that act.

(j) Erroneous admission as United States citizens or as children of citizens. (1) (i) An alien for whom there exists a record of admission prior to September 11, 1957, as a United States citizen who establishes that at the time of such admission he was the child of a United States citizen parent; he was erroneously issued a United States passport or included in the United States passport of his citizen parent accompanying him or to whom he was destined; no fraud or misrepresentation was practiced by him in the issuance of the passport or in gaining admission; he was otherwise admissible at the time of entry except for failure to meet visa or passport requirements; and he has maintained a residence in the United States since the date of admission, or (ii) an alien who meets all of the foregoing requirements except that if he were, in fact, a citizen of the United States a passport would not have been required, or it had been individually waived, and was erroneously admitted as a United States citizen by a Service officer. For the purposes of all of the foregoing, the terms "child" and "parent" shall be defined as in section 101(b) of the Immigration and Nationality Act, as amended.

(2) An alien admitted to the United States before July 1, 1948, in possession of a section 4(a) 1924 Act nonquota immigration visa issued in accordance with State Department regulations, including a child of a United States citizen after

he reached the age of 21, in the absence of fraud or misrepresentation; a member of a naturalized person's family who was admitted to the United States as a United States citizen or as a section 4(a) 1924 Act nonquota immigrant on the basis of that naturalization, unless he knowlingly participated in the unlawful naturalization of the parent or spouse rendered void by cancellation, or knew at any time prior to his admission to the United States of the cancellation; and a member of a naturalized person's family who knew at any time prior to his admission to the United States of the cancellation of the naturalization of his parent or spouse but was admitted to the United States as a United States citizen pursuant to a State Department or Service determination based upon a then prevailing administrative view, provided the State Department or Service knew of the cancellation.

(Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) [23 F.R. 9119, Nov. 26, 1958, as amended at 24 F.R. 2583, Apr. 3, 1959; 24 F.R. 6476, Aug. 12, 1959; 25 F.R. 581, Jan. 23, 1960; 31 F.R. 535, Jan. 15, 1966]

103.4 103.5 103.6

Certifications.

Reopening or reconsideration. Surety bonds. 103.7 Records and fees.

AUTHORITY: The provisions of this Part 103 issued under sec. 501, 65 Stat. 290, secs. 103, 281, 332, 343, 344, 405, 66 Stat. 173, 230, 252, 263, 264, 280, 5 U.S.C. 140, 8 U.S.C. 1103, 1351, 1443, 1454, 1455, 1101, and note.

§ 103.1 Delegations of authority.

Without divesting the Commissioner of any of the powers, privileges, and duties delegated to him by the Attorney General under the immigration and naturalization laws of the United States, coextensive authority is hereby delegated to the following-described officers of the Service:

(a) Associate Commissioner, Operations. All of the operational activities of the Service.

(1) Deputy Associate Commissioner, Domestic Control. The operational activities of the Service relating to investigations and enforcement.

(i) Assistant Commissioner, Investigations. The investigations and administrative prosecution activities of the Service.

(ii) Assistant Commissioner, Enforcement. The border patrol activities of

the Service.

(2) Deputy Associate Commissioner, Travel Control. The operational activities of the Service relating to authorizations, Service activities outside the United States, and inspections at ports of entry.

(i) Assistant Commissioner, Examinations. The authorization and inspection activities of the Service.

(ii) Assistant Commissioner, Special Projects. The Service activities outside the United States.

(b) Associate Commissioner, Management. All of the management activities of the Service.

(1) Deputy Associate Commissioner, Security. The management activities of the Service, relating to field inspections, security, intelligence, and naturalization.

(i) Assistant Commissioner, Field Inspection and Security. The field inspection, intelligence, and security activities of the Service.

(ii) Assistant Commissioner, Naturalization. The naturalization activities of the Service.

(2) Deputy Associate Commissioner, Administrative Services. The management activities of the Service relating to administration, detention, and deporta

(2) Decisions on sixth-preference petitions, as provided in § 204.1(d), except when the denial of the petition is based upon the lack of a certification by the Secretary of Labor pursuant to section 212(a) (14) of the Act;

(3) Decisions on orphan petitions, as provided in § 204.1(b);

(4) Decisions on requests for revalidation of certain petitions, as provided in § 205.1(c), except when the denial of the request for revalidation of a petition for third or sixth preference is based upon the lack of a certification by the Secretary of Labor pursuant to section 212(a) (14) of the Act;

(5) Decisions revoking approval of certain petitions, as provided in § 205.3;

(6) Decisions on applications for permission to reapply for admission to the United States after deportation or removal, as provided in § 212.2;

(7) Decisions on applications for waiver of certain grounds of excludability, as provided in § 212.7(a);

(8) Decisions on petitions for approval of schools, as provided in § 214.3;

(9) Decisions on petitions for temporary workers or trainees, as provided in § 214.2 of this chapter.

(10) Decisions on applications for reentry permits, as provided in § 223.1;

(11) Decisions on applications for benefits of section 13 of the Act of September 11, 1957, as provided in § 245.3;

(12) Decisions on adjustment of status of certain resident aliens to nonimmigrants, as provided in § 247.12(b);

(13) Decisions on applications for change of nonimmigrant status, as provided in § 248.2;

(14) Decisions on applications to preserve residence of naturalization purposes, as provided in § 316a.21(c);

(15) Decision on applications for certificates of citizenship, as provided in § 341.6;

(16) Decisions on administrative cancellation of certificates, documents, or records, as provided in § 342.8;

(17) Decisions on applications for certificates of naturalization or repatriation, as provided in § 343.1;

(18) Decisions on applications for new naturalization or citizenship papers, as provided in § 343a.1 (c); and

(19) Decisions on applications for special certificates of naturalization, as provided in § 343b.11(b).

(f) District directors. Under the executive direction of a regional commissioner (except district directors out

side the United States who operate under the executive direction of the Assistant Commissioner, Special Projects), the grant or denial of any application or petition submitted to the Service, the initiation of any authorized proceeding in their respective districts, and the exercise of the authorities under §§ 242.1(a), 242.2(a), and 242.7 of this chapter without regard to geographical limitations. District directors outside the United States have all appellate jurisdiction specified in this chapter not reserved to the Board of Immigration Appeals for matters arising in their respective districts. District directors, acting district directors and deputy district directors are authorized to conduct the proceeding provided for in § 252.5 of this chapter.

(g) Officers in charge. The supervision of inspection at ports of entries and the authorizations of extensions of nonimmigrant admission period and of voluntary departure prior to the commencement of deportation hearings. Officers in charge in Districts 33, 34, 35, and 37 have the same powers with respect to petitions and applications submittted by citizens or aliens residing in their respective areas as are conferred on district directors in the United States.

(h) Special inquiry officers. Following selection by the Commissioner, the exercise and the powers and duties specified in this chapter regarding the conduct of exclusion and expulsion hearings. Any immi

(i) Immigration officer. grant inspector, immigration patrol inspector, airplane pilot, detention guard, investigator, general attorney (nationality), trial attorney (immigration) or supervisory officer of such employees is hereby designated as an immigration officer authorized to exercise the powers and duties of such officer as specified by the Act, or this chapter.

[23 F.R. 9120, Nov. 26, 1958, as amended at 25 F.R. 581, Jan. 23, 1960; 26 F.R. 3563, Apr. 26, 1961; 26 F.R. 12212, Dec. 21, 1961; 29 F.R. 9660, July 17, 1964; 29 F.R. 11956, Aug. 21, 1964; 30 F.R. 5472, Apr. 16, 1965; 30 F.R. 14772, Nov. 30, 1965; 31 F.R. 5547, Apr. 8, 1966; 31 F.R. 6196, Apr. 22, 1966]

§ 103.2 Applications, petitions, and other documents.

(a) General. Every application, petition, or other document submitted on a form prescribed by this chapter shall be executed and filed in accordance with the instructions contained on the form, such instructions being hereby incorporated into the particular section of the

regulations requiring its submission. A parent, guardian, or other adult having a legitimate interest in a person who is under 14 years of age may file on such a person's behalf, and a guardian of a mentally incompetent person may file on such a person's behalf. Any required oath may be administered by an immigration officer or person generally authorized to administer oaths. Applications or petitions received in any Service office shall be stamped to show the time and date of their actual receipt and, unless otherwise specified in Part 204 of this chapter or returned because they are improperly executed, shall be regarded as filed when so stamped. An application or petition which is presented at an office of this Service by a travel agent, a notary public, or by any individual other than the applicant, petitioner, or an attorney or representative authorized and qualified to represent the applicant or petitioner pursuant to § 292.1 of this chapter, shall be disposed of in the same manner as an application or petition received through the mail. The person submitting the application or petition shall be advised that, since he is not regarded as the authorized representative of the applicant or petitioner, the applicant or petitioner will be notified directly regarding the action taken.

(b) Evidence (1) Requirements. Each application or petition shall be accompanied by the documents required by the particular section of the regulations under which submitted. All accompanying documents must be submitted in the original and will not be returned unless accompanied by a copy. A copy unaccompanied by the original will be accepted only if the accuracy of the copy has been certified by an immigration or consular officer who has examined the original. A foreign document must be accompanied by an English translation. The translator must certify that he is competent to translate, and that the translation is accurate. If any required documents are unavailable, church or school records, or other evidence pertinent to the facts in issue, may be submitted. If such documents are unavailable, affidavits may be submitted. The Service may require proof of unsuccessfull efforts to obtain documents claimed to be unavailable. The Service may also require the submission of additional evidence, including blood tests, may require the taking of testimony, and may direct the making of

any necessary investigation. Any allegations made in addition to, or in substitution for, those originally made shall be under oath and filed in the same manner as the original application, petition, or other document or noted on the original application, petition, or document and acknowledged under oath thereon.

(2) Inspection of evidence. An applicant or petitioner shall be permitted to inspect the record of proceeding which constitutes the basis for the decision, except as hereinafter provided. If the decision will be adverse to the applicant or petitioner on the basis of derogatory evidence considered by the Service and of which the applicant or petitioner is unaware, he shall be advised thereof and offered an opportunity to rebut it and present evidence in his behalf before the decision is rendered, except that classified evidence shall not be made available to him. Any explanation, rebuttal, or evidence presented by or in behalf of the applicant or petitioner shall be included in the record of proceeding. A determination of statutory ineligibility shall not be valid unless based on evidence contained in the record of proceeding. In exercising discretionary power when considering an application or petition, the district director or the officer in charge, in any case in which he is authorized to make the decision, may consider and base his decision upon evidence not contained in the record of proceeding and not made available for inspection by the applicant or petitioner, provided the regional commissioner, in his discretion, has concluded that such evidence is classified under Executive Order No. 10501 of November 5, 1953 (18 FR. 7049, Nov. 10, 1953), as amended, by Executive Order Nos. 10816 of May 7, 1959 (24 F.R. 3777, May 12, 1959), 10901 of January 9, 1961 (26 F.R. 217, Jan. 12, 1961), 10964 of September 20, 1961 (26 F.R. 8932, Sept. 22, 1961), and 10985 of January 12, 1962 (27 F.R. 439, Jan. 16, 1962), and that its disclosure would be prejudicial to the national security and safety.

[29 F.R. 11956, Aug. 21, 1964, as amended at 30 F.R. 7516, June 9, 1965; 30 F.R. 14772, Nov. 30, 1965; 31 F.R. 535, Jan. 15, 1966] § 103.3 Denials, appeals, and precedent

decisions.

(a) Denials and appeals. Whenever a formal application or petition filed under §103.2 is denied, the applicant shall be given written notice setting forth the

specific reasons for such denial. When the applicant is entitled to appeal to another Service officer, the notice shall advise him that he may appeal from the decision, and that such appeal may be taken within 15 days after the mailing of the notification of decision, accompanied by a supporting brief if desired and a fee of $10, by filing Notice of Appeal, Form I-290B, which shall be furnished with the written notice. For good cause shown, the time within which the brief may be submitted may be extended. The party taking the appeal may, prior to appellate decision, file a written withdrawal of such appeal.

(b) Dismissal of appeals. Notwithstanding the provisions of paragraph (c) of this section, the officer to whom an appeal is taken may deny oral argument and dismiss any appeal when (1) the party concerned fails to specify the reasons for his appeal, or (2) the appeal is patently frivolous.

(c) Oral argument. If an appeal is taken, request for oral argument, if desired, shall be included in the notice of appeal. The officer to whom the appeal is taken shall have the authority to designate the time, date, and place where oral argument may be heard. Oral argument may be heard by the officer to whom the appeal is taken or by an officer designated by him.

(d) Decisions and precedent decisions. The decision of the Service officer considering the appeal shall be in writing and a copy thereof shall be served upon the applicant, petitioner, or other party affected, or his attorney or representative of record. Those decisions of the Service, the Board of Immigration Appeals (§ 3.1(g) of this chapter), and the Attorney General which are of precedential value are published and may be purchased from the United States Government Printing Office, Washington, D.C., 20402, or examined at the principal field offices of the Service.

[31 F.R. 3062, Feb. 24, 1966] § 103.4

Certifications.

The Commissioner, regional commissioners, associate commissioners, deputy associate commissioners, and assistant commissioners, within their respective areas of responsibility, may direct that any case or class of cases be certified for decision. The alien or other party affected shall be given notice on Form I-290C of such certification and of his right to submit a brief within 10 days

from receipt of the notice. Cases within the appellate jurisdiction of the Service shall be certified only after an initial decision has been made. In cases within § 3.1(b) of this chapter, the decision of the officer to whom certified, whether made initially or upon review, shall conIstitute the base decision of the Service from which an appeal may be taken to the Board in accordance with the applicable parts of this chapter. The decision of the Service officer to whom the case has been certified shall be in writing and a copy thereof shall be served upon the applicant, petitioner, or other party affected, or his attorney or representative of record.

[29 F.R. 12583, Sept. 4, 1964]

§ 103.5

Reopening or reconsideration.

Except as otherwise provided in Part 242 of this chapter, a proceeding authorized under this chapter may be reopened or the decision made therein reconsidered for proper cause upon motion made by the party affected and granted by the officer who has jurisdiction over the proceeding or who made the decision. When the alien is the moving party, a motion to reopen or a motion to reconsider shall be filed in duplicate, accompanied by a supporting brief, if any, and the appropriate fee specified by and remitted in accordance with the provisions of § 103.7, with the district director in whose district the proceeding was conducted for transmittal to the officer having jurisdiction. When an officer of the Service is the moving party, a copy of the motion shall be served on the alien or other party in interest and the motion, together with proof of service, shall be filed directly with the officer having jurisdiction. The party opposing the motion shall have 10 days from the date of service thereof within which he may submit a brief, which period may be extended. If the officer who originally decided the case is unavailable, the motion may be referred to another officer. A motion to reopen shall state the new facts to be proved at the reopened hearing and shall be supported by affidavits or other evidentiary material. A motion to reconsider shall state the reasons for reconsideration and shall be supported by such precedent decisions as are pertinent. Motions to reopen or reconsider shall state whether the validity of the order has been or is the subject of any judicial proceeding and, if so, the nature and

date thereof, the court in which such proceeding took place or is pending, and its result or status. Rulings upon motions to reopen or motions to reconsider shall be by written decision. The filing of a motion to reopen or a motion to reconsider or of a subsequent application after notice of denial shall not, unless the Service directs otherwise, serve to stay the execution of any decision made in the case or to extend a previously set departure date.

[27 F.R. 7562, Aug. 1, 1962, as amended at 30 F.R. 12772, Oct. 7, 1965]

(a) Posting of surety bonds—(1) Extension agreements; consent of surety; collateral security. All surety bonds posted in immigration cases shall be executed on Form I-352. A district director is authorized to approve a bond, a formal agreement to extension of liability of surety, a request for delivery of collateral security to a duly appointed and undischarged administrator or executor of the estate of a deceased depositor, and a power of attorney executed on Form I-312. All other matters relating to bonds, including a power of attorney not executed on Form I-312 and a request for delivery of collateral security to other than the depositor or his approved attorney in fact, shall be forwarded to the regional commissioner for approval.

(2) Bond riders. Bond riders shall be prepared on Form I-351 and attached to Form I-352. If a condition to be included in a bond is not on Form I-351, a rider containing the condition shall be executed and forwarded with Form I-352 to the regional commissioner for approval.

(b) Acceptable sureties. Either a company holding a certificate from the Secretary of the Treasury under 6 U.S.C. 6-13 as an acceptable surety on Federal bonds, or a surety who deposits cash or U.S. bonds or notes of the class described in 6 U.S.C. 15 and Treasury Department regulations issued pursuant thereto and which are not redeemable within 1 year from the date they are offered for deposit is an acceptable surety.

(c) Cancellation—(1) Public charge bonds. A public charge bond posted for an immigrant shall be canceled when the alien dies, departs permanently from the United States, or is naturalized, provided he did not become a public charge prior to his demise, departure, or naturalization. The district director may cancel a