1252,
as amended. The Immigration and Nationality Act was significantly
rewritten by
the Immigration Reform and Immigrant Responsibility Act of 1996,
Pub. L. 104-828,
110 Stat. 3009, much of which became effect
ive April 1, 1997.
Contact: Robert L. Bombaugh, (202-616-4850), Director.
Deputy Directors: Thomas W. Hussey, (202-616-4852), Donald E.
Keener,
(202-616-4878); David J. Kline, (202) 616-4856.
Mail:
Office of Immigration Litigation
Civil Division
U.S. Department of Justice
P.O. Box 878, Ben Franklin Station
Washington, D.C. 20044
Delivery:
Suite 7025S, National Place
1331 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
The outcomes of all civil proceedings arising under the
immigration and
nationality laws (including the disposition of habeas corpus
petitions by aliens)
should be reported to the Office of Immigration Litigation. In all
cases in
which the decision is adverse to the government, copies of the
pleadings and
other documents, except insofar as previously supplied to the
Office, should be
promptly submitted along with an appeal recommendation. See
USAM Title 2, Appeals.
USAs should promptly advise the appropriate District
Directors of the
Immigration and Naturalization Service of all decisions and
interlocutory orders
in litigation to which the Service is a party. Such notification
should be
particularly prompt in the case of an adverse decision or
interlocutory rulings
in which an appeal, rehearing en banc or certiorari might be taken
or sought.
Timely notification will enable the General Counsel to formulate
the Service's
recommendation to the Department with respect to any further action
which might
be taken in the litigation.
Similarly, prompt notification should be given to
appropriate officials
of the Departments of Labor and State of decisions or rulings in
immigration and
nationality cases whenever either Department is a party to the
action.
No suit shall be instituted by the USA to revoke
naturalization under
8 U.S.C. § 1451 without prior consultation with the Office of
Immigration
Litigation. Notwithstanding that under 8 U.S.C. § 1421(b)
jurisdiction also
lies in various courts of the states, all such actions shall be
filed in the
federal district courts. There is no objection to the payment of
the expenses
of filing in state courts certified copies of judgments in
accordance with 8
U.S.C. § 1451(f).
In all cases involving the revocation of naturalization,
service may
be had upon absentees from the United States or the judicial
district in which
the defendant last had his/her residence by publication or by any
other method
permitted by the laws of the state or place where the suit is
brought. If the
state statute permits service upon absentees by registered mail
only, no
publication is necessary. If service can only be effected by
publication,
publication must be in strict compliance with the state statute.
Title 8 U.S.C. § 1451(f) provides that a person
holding a
certificate of naturalization or citizenship which has been
canceled under the
provision of that section shall, upon proper notice, surrender the
certificate
to the Attorney General. All complaints for revocation of
naturalization filed
pursuant to Section 1451 should contain a demand that the
certificate of
naturalization be surrendered to the USA, and all proposed orders
to be signed
by the court in such cases should provide for surrender of the
certificate of
naturalization to the USA.
Upon receipt of the certificate, the USA should forward it
to the
District Director, Immigration and Naturalization Service, who has
jurisdiction
over the area in which the certificate is surrendered.
In proceedings under 8 U.S.C. § 1451(d) that involve
persons who
are outside of the United States, the United States consular
officer in the area,
as the representative of the Attorney General, will demand
surrender of the
certificate.
U.S Attorneys should also be cognizant of the sensitive
areas where
plea agreements involve the deportation, exclusion or removal of
aliens. The
regulation at 28 C.F.R. § 0.197 provides that:
The Immigration and Naturalization Service (Service) shall not
be bound, in
the exercise of its authority under the immigration laws, through
plea
agreements, or other agreements with or for the benefit of alien
defendants,
witnesses, or informants, or other aliens cooperating with the
United States
Government, except by the authorization of the Commissioner of the
Service or the
Commissioner's delegate. Both the agreement itself and
authorization must be in
writing to be effective, and the authorization shall be attached to
the
agreement.
Notification should also be provided to the Office of
Immigration
Litigation.
| September 1997
| USAM Chapter 4-7
|