8 C.F.R. § 316.14
Adjudication—examination, grant, denial
(a) Examination. The examination on an application for naturalization shall be conducted in accordance with Section 335 of the Act.
(b) Determination—(1) Grant or denial. Subject to supervisory review, the employee of the Service who conducts the examination under paragraph (a) of this section shall determine whether to grant or deny the application, and shall provide reasons for the determination, as required under section 335(d) of the Act.
(2) Appeal. An applicant whose application for naturalization has been denied may request a hearing, which shall be carried out in accordance with section 336 of the Act.
Notes of Decisions
Cited in 17
cases (4 in the last 5 years), 2000–2025 · leading case: Ali v. Frazier
Ali v. Frazier (2008)
“Likewise, 8 C.F.R. § 316.14 (b)(1) provides: “Subject to supervisory review, the employee of [CIS] who conducts the examination under paragraph (a) of this section [of an applicant for naturalization] shall determine whether to grant or deny the application, *1095 and shall…”
Escaler v. US CITIZENSHIP AND IMMIGRATION SERVS. (2009)
“§ 1446 (b), 8 C.F.R. §§ 316.14 , 335.2; and (vi) taking an oath of *290 allegiance to the United States "in a public ceremony," 8 U.”
Hamandi v. Chertoff (2008)
“See also 8 C.F.R. § 316.14 (b)(1) (“Subject to supervisory review, the employee of [USCIS] who conducts the examination [on an application for naturalization] shall determine whether to grant or deny the application, and shall provide reasons for the determination.”
Dilone v. Nielsen (2019)
“§ 1446 (d) ; 8 C.F.R. §§ 316.14 (b)(2), 336.2. If, after the hearing, the denial still stands, the applicant "may seek review of such denial before the United States district court for the district in which [he or she] resides.”
Sawan v. Chertoff (2008)
“”); 8 C.F.R. § 316.14 (b)(1) (the USCIS “shall determine whether to grant or deny the application, and shall provide reasons for the determination .”
Kaplan v. Chertoff (2007)
“8 C.F.R. § 316.14 (b)(1). The majority of courts have thus concluded that “the CIS simply does not possess unfettered discretion to relegate aliens to a state of ‘limbo,’ leaving them to languish there indefinitely.”
Palamarachouk v. Chertoff (2008)
“More specifically, 8 C.F.R. § 316.14 (b)(1) provides that “[sjubject to supervisory review, the employee of the Service who conducts the examination [on an application for naturalization] shall determine whether to grant or deny the application, and shall provide reasons for the…”
Abuirshaid v. Johnson (2015)
“§ 1447 (a); see also 8 C.F.R. §§ 316.14 (b)(2); 336.2(a). This hearing serves as an administrative appeal of US-CIS’s initial determination and, as such, must be conducted by an independent officer, 2 who may “receive new evidence or take such additional evidence as [he] may…”
Escaler v. United States Citizenship & Immigration Services (2009)
“§ 1446 (b), 8 C.F.R. §§ 316.14 , 335.2; and (vi) taking an oath of *290 allegiance to the United States “in a public ceremony,” 8 U.”
Puciaty v. U.S. Department of Justice, Immigration & Naturalization Service (2000)
“§ 1447 (a); 8 C.F.R. § 316.14 (b)(2)., If an application is again denied, the applicant may appeal to a United States district court.”
Saleh v. Pastore (2021)
“§ 1446 (b), 8 C.F.R. §§ 316.14 , 335.2, 335.3; and (vi) taking an oath of allegiance to the United States “in a public ceremony,” 8 U.”
Wagafe v. Biden (2025)
“§ 1446 (d); 8 C.F.R. § 316.14 (b)(1); 8 C.F.R. § 335.”
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