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all the benefits and the privileges provided for in this section.

(h) Designation of Service employees to conduct preliminary examinations. All employees of the Service who have been designated to conduct preliminary examinations upon petitions for naturalization to any naturalization court and to make findings and recommendations thereon to such courts under the provisions of section 333 of the Nationality Act of 1940, as amended, and whose designations are still in force on December 24, 1952, are hereby designated under the provisions of section 335 of the Immigration and Nationality Act to conduct preliminary examinations upon petitions for naturalization to any naturalization court and to make findings and recommendations thereon to such courts. Designations under this paragraph and under paragraph (b) of this section shall remain in force until revoked.

[22 FR 9821, Dec. 6, 1957, as amended at 23 FR 2673, Apr. 23, 1958; 39 FR 40580, Nov. 19, 1974]

§ 335.12 Recommendations of the designated examiner and the regional commissioner; notice.

As soon as practicable after conclusion of the preliminary examination, the designated examiner shall prepare an appropriate recommendation to the court. If the recommendation is for denial, or for granting with the facts to be presented to the court, the designated examiner shall prepare a memorandum summarizing the evidence, and setting forth findings of fact and conclusions of law, and his recommendation. No evidence dehors the record or evidence not admissible in judicial proceedings under recognized rules of evidence shall be considered in the preparation of the memorandum. The memorandum shall be submitted before final hearing to the regional commissioner, in those cases or classes of cases designated by him, for review and recommendation. If the regional commissioner does not agree with the recommendation of the designated examiner, he shall prepare an appropriate memorandum, with findings of fact, conclusions of law, and the recommendation of the Service, subject

to review and approval by the Commissioner in those cases or classes of cases designated by him, for presentation to the court with the designated examiner's memorandum. In the preparation of memoranda, designated examiners and regional commissioners shall be bound by the interpretations and rulings by the Attorney General or the Commissioner on Questions of law.

[38 FR 29878, Oct. 30, 1973]

§ 335.13

Notice of recommendation of designated examiner.

(a) Recommendation that petition be denied. When the designated examiner proposes to recommend denial of the petition, the petitioner or his attorney or representative shall be notified thereof and furnished a copy of the designated examiner's memorandum. The notice shall be given in conjunction with notification of the date, place, and time of holding the final hearing. The notice shall be sent by certified mail, with return receipt requested, after any review made by the regional commissioner.

(b) Recommendation that petition be granted. When the designated examiner proposes to recommend granting of the petition and to present the facts and issues to the court, the petitioner or his attorney or representative shall be notified of the recommendation and furnished a copy of the designated examiner's memorandum prior to the date of the hearing, and after any review made by the regional commissioner.

(c) Disagreement between recommendations of designated examiner and the regional commissioner. In those cases reviewed by the regional commissioner in which his views and recommendations do not agree with those of the designated examiner, the notice required by paragraphs (a) and (b) of this section shall also advise the petitioner of the recommendation of the regional commissioner and that both recommendations will be presented to the court. There shall also be enclosed with such notice a copy of the regional commissioner's memorandum.

(d) Briefs. If the petitioner intends to file a brief or memorandum at the

final hearing, he shall furnish a copy thereof to the Service office from which the notice on Form N-425 emanated at least 5 days prior to the date of the final hearing. Failure to do so will result in a motion for a continuance if deemed essential for the proper presentation of the Government's case.

[22 FR 9822, Dec. 6, 1957, as amended at 35 FR 17530, Nov. 14, 1970]

PART 335a-TRANSFER, WITHDRAWAL OR FAILURE TO PROSECUTE PETITION FOR NATURALIZATION

Sec.

335a.11 Transfer of petition; procedure. 335a.12 Withdrawal of or failure to prosecute petition; procedure.

§ 335a.11 Transfer of petition; procedure. See § 334.17 of this chapter.

(Sec. 103, 66 Stat. 173; 8 U.S.C. 1103)

[22 FR 9822, Dec. 6, 1957]

§ 335a.12 Withdrawal of or failure to prosecute petition; procedure.

See § 334.18 of this chapter.

(Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) [22 FR 9822, Dec. 6, 1957]

PART 335b-PROOF OF QUALIFICATIONS FOR NATURALIZATION:

WITNESSES; DEPOSITIONS

Sec.

335b.1 Proof of residence and other qualifications.

335b.2 Substitution of witnesses. 335b.3 Depositions.

AUTHORITY: Secs. 103, 332, 335, 66 Stat. 173, 252, 255; 8 U.S.C. 1103, 1443, 1446.

SOURCE: 23 FR 5820, Aug. 1, 1958, unless otherwise noted.

§ 335b.1 Proof of residence and other qualifications.

If oral testimony is taken at the preliminary examination or at the final hearing from witnesses other than the verifying witnesses to cover the petitioner's qualifications during the statutory period, affidavits on Form N-451 shall be executed by them, in duplicate, before the designated examiner or the clerk of the court, one copy of

which shall be attached to the original petition and the other to the duplicate petition.

§ 335b.2 Substitution of witnesses.

When the witnesses who verified the petition have not been excused from appearance at the final hearing and the petitioner is unable to produce them, other witnesses may be presented upon notice given by the petitioner to the district director within a reasonable time in advance of the date set for final hearing. If any of the verifying witnesses appear to be incompetent and the petitioner has acted in good faith in producing them, other witnesses may be substituted upon similar notice. A final hearing shall not be held until after examination of the substitute witnesses by a Service representative and an affidavit on Form N-451 has been executed, in duplicate, by the witnesses before such representative or the clerk of the court in the manner described in § 335b.1.

§ 335b.3 Depositions.

(a) In the United States. Depositions may be used to prove compliance with the requirements for naturalization during any period except the minimum period of State residence. Such depositions shall be taken only upon written interrogatories on Form N462A. Except as otherwise provided in this section, they shall be made in the United States before an employee of the Service authorized to administer oaths and take depositions under Part 332d of this chapter, unless there is a likelihood of unusual delay or hardship, in which case the district director may authorize such depositions to be taken before a postmaster, without charge, or before a notary public or other person authorized to administer oaths for general purposes. In cases in which the depositions are taken other than before an employee of the Service or a postmaster, the petitioner, independently of the Service, shall arrange with the officer who will take the depositions to defray all costs and expenses incident thereto. The petitioner or his attorney or representative may be present when the depositions are taken. Depositions taken

under this section shall be sent to the district director having administrative supervision over the territory in which the petition is pending and by him forwarded to the clerk of the naturalization court prior to the final hearing for filing with the petition.

(b) Outside the United States. Petitioners for naturalization who are exempt from the usual requirement of residence and physical presence in the United States, but who are required to establish good moral character, attachment to the principles of the Constitution, and favorable disposition to the good order and happiness of the United States for the period applicable to their cases, and who were absent from or were not residents of the United States during such period, may establish their qualifications during the periods of absence by depositions taken outside the United States in the manner described in paragraph (a) of this section. Such depositions shall be taken before any employee of the United States designated for that purpose by the Commissioner. The petitioner shall be informed that he will be required to defray all costs and expenses of the person taking the depositions, as may be authorized by law, and that the petitioner shall arrange with the deponents for the payment of such costs and expenses independently of the Service.

PART 335c-INVESTIGATIONS OF PETITIONERS FOR NATURALIZATION

§ 335c.1 Investigations; authority to waive. The authority to waive personal investigations of petitioners for naturalization under the provisions of section 335(a) of the Immigration and Nationality Act may be exercised by district directors.

(Secs. 103, 316, 319, 322, 323, 328, 332, 335, 66 Stat. 173, 242, 244, 246, 249, 252, 255; 8 U.S.C. 1103, 1427, 1430, 1433, 1434, 1439, 1443, 1446)

[22 FR 9823, Dec. 6, 1957]

PART 336-PROCEEDINGS BEFORE NATURALIZATION COURT

Sec.

336.11 Personal representation of Government at naturalization proceedings. 336.12 Written report in lieu of personal representation.

336.13 Preparation of lists and orders of court for presentation at final hearing. 336.14 Presentation of recommendations of designated examiner and the regional commissioner at final hearing.

336.15 Final hearing: sickness or disability of petitioner; investigation.

336.16 Final hearing: waiver of 30-day period.

336.16a Final hearing; execution of questionnaire.

336.17 Substitution of witnesses.

AUTHORITY: Secs. 103, 332, 335-337, 66 Stat. 173, 252, 255, 257, 258; & U.S.C. 1103, 1443, 1446-1448.

§ 336.11 Personal representation of Government at naturalization proceedings.

At least 30 days prior to the holding of any naturalization proceedings referred to in section 336(d) of the Act, the clerk of the naturalization court shall give written notice to the appropriate district director of the time, date, and place of such proceedings. Such notice may be waived by the district director. Final naturalization hearings and other naturalization proceedings shall be attended personally by naturalization examiners or other officers of the Service, who shall interrogate each petitioner or applicant regarding pertinent developments occurring subsequent to the date of filing of the petition or application, and shall, if not affected by the interrogation, present to the court the views and recommendations of the designated examiner and the regional commissioner, as appropriate. If the recommendation of the regional commissioner does not agree with that of the designated examiner, a member of the Service other than the person who conducted the preliminary examination shall, wherever practicable, represent the Service before the court. Such a representative may cross-examine the petitioner and his witnesses and may call other witnesses and produce evidence concerning any matter affecting the petitioner's eligibility for naturalization. When necessary, the representative in

attendance shall have a stenographic report made of the testimony.

[41 FR 5110, Feb. 4, 1976]

§ 336.12 Written report in lieu of personal representation.

If a preliminary examination has been conducted pursuant to Part 335 of this chapter, and it is impracticable thereafter for a Service representative to be present at the final naturalization hearing, written notice of that fact shall be given by the Service to the court. The petitions set down for hearing shall be listed on the appropriate forms prescribed by § 336.13. If continuance of the petition is desired, the basis therefor shall be set forth. The forms and memoranda shall be transmitted to the clerk of court, who shall submit the appropriate lists and orders to the court in accordance with the procedure described in § 336.13.

[23 FR 5821, Aug. 1, 1958, as amended at 30 FR 13005, Oct. 13, 1965]

§ 336.13 Preparation of lists and orders of court for presentation at final hearing. (a) At or prior to the final naturalization hearing the representative attending the hearing shall submit to the court lists and orders of court, in duplicate, on Forms N-480, N-481, or N-485, as appropriate, for petitions recommended to be granted, and on Form N-484 for petitions recommended to be denied; except that all grant and denial lists and orders of the regional commissioner, and denial lists and orders relating to petitions filed under section 322 and section 323 of the Act shall not be on any prescribed published form, but shall be properly drawn as needed on an individual basis. Lists and orders for petitions recommended to be continued also shall not be on any prescribed published form, but shall be drawn as needed on an individual basis. The regional commissioner's lists shall be signed by the district director. After the final hearing, and after any required amendments therein have been made, the presiding judge shall sign the orders of the court.

(b) [Reserved]

(c) When the court does not waive the taking of the oath of allegiance in

the case of a child, the order of court granting the petition shall be amended by changing the word "waived" to "taken".

(d) The originals of all court orders and lists specified in this section shall be filed permanently in the court, and the duplicates forwarded by the clerk of court to the appropriate field office of the Service for retention by such office. The same disposition shall be made of any list presented to, but not approved by, the court.

[22 FR 9823, Dec. 6, 1957; 22 FR 9520, Nov. 28, 1957, as amended at 30 FR 6940, May 22, 1965; 32 FR 13756, Oct. 3, 1967; 35 FR 1045, Jan. 27, 1970]

§ 336.14 Presentation of recommendations of designated examiner and the regional commissioner at final hearing. At the final hearing or prior thereto, in addition to the lists prepared under § 336.13, there shall be presented to the court and made a part of the record in the case, the memoranda of the designated examiner and the regional commissioner prepared pursuant to the provisions of Part 335 of this chapter.

[30 FR 13005, Oct. 13, 1965]

§ 336.15 Final hearing: sickness or disability of petitioner; investigation.

Whenever it appears that a petitioner for naturalization may be unable, because of sickness or other disability, to appear in open court for final hearing upon his petition for naturalization, the district director shall cause an investigation to be conducted to determine the circumstances and shall report the condition of the petitioner to the clerk of court for the purpose of aiding the court to determine whether another place for the final hearing shall be designated. The report shall show whether the sickness or other disability is of a nature which so incapacitates the person as to prevent him from appearing in open court.

[22 FR 9824, Dec. 6, 1957]

§ 336.16 Final hearing; waiver of 30-day period.

A petitioner for naturalization may request the district director, in writing, to waive the 30-day period follow

under this section shall be sent to the district director having administrative supervision over the territory in which the petition is pending and by him forIwarded to the clerk of the naturalization court prior to the final hearing for filing with the petition.

(b) Outside the United States. Petitioners for naturalization who are exempt from the usual requirement of residence and physical presence in the United States, but who are required to establish good moral character, attachment to the principles of the Constitution, and favorable disposition to the good order and happiness of the United States for the period applicable to their cases, and who were absent from or were not residents of the United States during such period, may establish their qualifications during the periods of absence by depositions taken outside the United States in the manner described in paragraph (a) of this section. Such depositions shall be taken before any employee of the United States designated for that purpose by the Commissioner. The petitioner shall be informed that he will be required to defray all costs and expenses of the person taking the depositions, as may be authorized by law, and that the petitioner shall arrange with the deponents for the payment of such costs and expenses independently of the Service.

PART 335c-INVESTIGATIONS OF PETITIONERS FOR NATURALIZATION

§ 335c.1 Investigations; authority to waive. The authority to waive personal investigations of petitioners for naturalization under the provisions of section 335(a) of the Immigration and Nationality Act may be exercised by district directors.

(Secs. 103, 316, 319, 322, 323, 328, 332, 335, 66 Stat. 173, 242, 244, 246, 249, 252, 255; 8 U.S.C. 1103, 1427, 1430, 1433, 1434, 1439, 1443, 1446)

[22 FR 9823, Dec. 6, 1957]

PART 336-PROCEEDINGS BEFORE NATURALIZATION COURT

Sec.

336.11 Personal representation of Government at naturalization proceedings. 336.12 Written report in lieu of personal representation.

336.13 Preparation of lists and orders of court for presentation at final hearing. 336.14 Presentation of recommendations of designated examiner and the regional commissioner at final hearing.

336.15 Final hearing: sickness or disability of petitioner; investigation.

336.16 Final hearing: waiver of 30-day period.

336.16a Final hearing; execution of questionnaire.

336.17 Substitution of witnesses.

AUTHORITY: Secs. 103, 332, 335-337, 66 Stat. 173, 252, 255, 257, 258; 8 U.S.C. 1103, 1443, 1446-1448.

§ 336.11 Personal representation of Government at naturalization proceedings. At least 30 days prior to the holding of any naturalization proceedings referred to in section 336(d) of the Act, the clerk of the naturalization court shall give written notice to the appropriate district director of the time, date, and place of such proceedings. Such notice may be waived by the district director. Final naturalization hearings and other naturalization proceedings shall be attended personally by naturalization examiners or other officers of the Service, who shall interrogate each petitioner or applicant regarding pertinent developments occurring subsequent to the date of filing of the petition or application, and shall, if not affected by the interrogation, present to the court the views and recommendations of the designated examiner and the regional commissioner, as appropriate. If the recommendation of the regional commissioner does not agree with that of the designated examiner, a member of the Service other than the person who conducted the preliminary examination shall, wherever practicable, represent the Service before the court. Such a representative may cross-examine the petitioner and his witnesses and may call other witnesses and produce evidence concerning any matter affecting the petitioner's eligibility for naturalization. When necessary, the representative in

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