8 C.F.R. § 310.1
Administrative naturalization authority
(a) Attorney General. Commencing October 1, 1991, section 310 of the Act confers the sole authority to naturalize persons as citizens of the United States upon the Attorney General.
(b) Commissioner of the Immigration and Naturalization Service. Pursuant to § 2.1 of this chapter, the Commissioner of the Immigration and Naturalization Service is authorized to perform such acts as are necessary and proper to implement the Attorney General's authority under the provisions of section 310 of the Act.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1998–2025 · leading case: Castracani v. Chertoff
Castracani v. Chertoff (2005)
“” 8 C.F.R. § 310.1 . However, the Act contains provisions mandating judicial review in limited circumstances, including cases of administrative inaction.”
Duran-Pichardo v. Attorney General of United States (2012)
“§ 1421 ; see also, 8 C.F.R. § 310.1 . On March 1, 2003, Congress transferred the functions of the Immigration and Naturalization Service to the Bureau of Immigration and Customs Enforcement ("ICE”) and USCIS of the United States Department of Homeland Security ("DHS”).”
Gorbach v. Reno (1999)
“8 See 8 C.F.R. § 310.1 (b). The INS, *1116 following notice and comment, promulgated the final (and current) version of the regulation challenged in this case on October 28, 1996.”
Levy v. Immigration & Naturalization Service (2001)
“See also 8 C.F.R. §§ 310.1 (Attorney General has sole authority to naturalize aliens as of October 1,1991), § 310.”
Gorbach v. Reno (1998)
“8 C.F.R. § 310.1 (e). Until a decision to revoke naturalization becomes final, the subject of a denaturalization proceeding is “considered to be a citizen of the United States.”
Saubhayana v. Sessions (2020)
“at § 1446; 8 C.F.R. § 310.1 . 18 27 8 U.S.C. § 1421 (c).”
Wagafe v. Biden (2025)
“§ 557 , and USCIS is the agency 21 within DHS that implements this authority, see 8 C.F.R. § 310.1 (b); 6 U.S.C. § 271 (b); see also 22 Mestanek v.”
Fredy Gutierrez Castillo v. U.S. Attorney General (2015)
“See 8 C.F.R. § 310.1 (b). As the Fourth Circuit has explained, “given that DHS is the only body statutorily vested with the power to make naturalization decisions in the first instance, it is reasonable to conclude that only DHS has the authority to make prima facie…”
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