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to the Commissioner, accompanied by findings of fact, conclusions of law, and the recommendation of the officer assigned to hear or consider the case, together with the comment and recommendation of the district director.* (Nationality Act of 1940, sec. 340, 54 Stat. 1160)

385.3 Findings and recommendations. The findings of fact, conclusions of law, and recommendation of the officer assigned to hear or consider the case, and the comment and recommendation of the district director shall, in case the person to whom the document was issued makes response or answer to the notice requiring him to show cause, be served upon him or his counsel, if any, in person or by registered mail, and the person to whom the record relates or the document was issued shall be given further notice in person or by registered mail that he has ten days from the date of receipt thereof within which to file a brief or to inform the Commisisoner that he intends to present oral argument on the record. In the latter event he shall be informed of the time, place, and date when he may appear in person or through counsel to make such argument. If such notice is not received, or no brief is submitted within the time specified, the case shall proceed to final consideration. If the Commissioner finds that the record or document or both were procured illegally or through fraud, he shall cancel ab initio such record or document or both. Notice of such action shall be given in person or by registered mail to the person proceeded against or his counsel, if any, at the last address of such person shown on the record of the cancelation proceeding, if a response or answer was made. Upon the cancelation of any such record or document, the person proceeded against or his counsel, if any, shall be requested in writing by registered mail to surrender any such document which may have been issued to the person proceeded against, for transmission to the Central Office. The cancelation of any such document issued by the Commissioner shall not affect the citizenship status of the individual to whom it was issued.* (Nationality Act of 1940, secs. 340 and 346 (a) (31), 54 Stat. 1160, 1167)

385.4 Criminal prosecution. In case of the cancelation of any such record or document on the ground of illegal or fraudulent procurement, the material facts in regard thereto may be presented by the district director to the office of the appropriate United States Attorney for appropriate action under section 346 of the Nationality Act of 1940, if so directed by the Commissioner or a Deputy Commissioner.* (Nationality Act of 1940, secs. 340 and 346, 54 Stat. 1160, 1163)

*For statutory citation, see note to § 385.1.

568700°-44- -51

APPENDIX

1301

AMENDMENT TO SELECTIVE SERVICE REGULATIONS

622.43 Class IV-C: Neutral aliens requesting relief from liability and unacceptable alien enemies. (a) In Class IV-C shall be placed any registrant, not a national of the United States, who is:

(1) A citizen or subject of a neutral country who, prior to his induction into the land or naval forces, has made application to be relieved from liability for training and service in the land or naval forces of the United States by filing with the local board an Application by Alien for Relief from Military Service (Form 301); or

(2) A citizen or subject of any country who has been or who may hereafter be proclaimed by the President to be an alien enemy of the United States, unless he is acceptable to the land or naval forces.

(b) Any registrant who claims to be a citizen or subject of a neutral country or to be a citizen or subject of any country who has been or who may hereafter be proclaimed by the President to be an alien enemy of the United States must submit proof of such status to the local board in the form of a birth certificate, entry permit, alien registration certificate, or other information required by the local board.

(c) When a citizen or subject of a neutral country who is liable for training and service prior to his induction into the land or naval forces files an Application by Alien for Relief from Military Service (Form 301), he is thereafter debarred from becoming a citizen of the United States. If a registrant desires to make such application, he shall execute and file two copies of the Application by Alien for Relief from Military Service (Form 301). The original of the Application by Alien for Relief from Military Service (Form 301) shall be transmitted through the State Director of Selective Service to the Immigration and Naturalization Service of the Department of Justice for its files, and the remaining copy shall be retained in the registrant's Cover Sheet (Form 53).

(d) If a registrant is a national of the United States but also contends that he is a citizen or subject of a neutral country or an alien enemy, such contention shall be disregarded and he shall be classified without regard thereto.

(e) Whenever the local board has a perplexing case, it should request assistance through State Headquarters for Selective Service from the Immigration and Naturalization Service.1 (54 Stat. 885; 50 U. S. C., Sup., 301-318 inclusive, E. O. No. 845, 5 F. R. 3779.)

1 See §§ 2 and 3, Selective Training and Service Act of Sept. 16, 1940 (54 Stat. 885; Public Law 360, 77th Congress, 50 U. S. S. 302, 303), p. 354.

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