In the event that USCIS receives derogatory information concerning an applicant whose application has already been granted as provided in § 335.3(a) of this chapter, but who has not yet taken the oath of allegiance as provided in part 337 of this chapter, USCIS shall remove the applicant's name from any list of granted applications or of applicants scheduled for administration of the oath of allegiance, until such time as the matter can be resolved. USCIS shall notify the applicant in writing of the receipt of the specific derogatory information, with a motion to reopen the previously adjudicated application, giving the applicant 15 days to respond. If the applicant overcomes the derogatory information, the application will be granted and the applicant will be scheduled for administration of the oath of allegiance. Otherwise the motion to reopen will be granted and the application will be denied pursuant to § 336.1 of this chapter.
[56 FR 50498, Oct. 7, 1991, as amended at 58 FR 49914, Sept. 24, 1993; 76 FR 53801, Aug. 29, 2011]
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 1999–2023 · leading case:
Ajlani v. Chertoff, 545 F.3d 229 (2d Cir. 2008).
Ajlani v. Chertoff, 545 F.3d 229 (2d Cir. 2008).
· cites it 4× “On October 17, 2006, the New York District Director of USCIS issued a “Motion to Reopen” Ajlani’s naturalization proceedings pursuant to 8 C.F.R. § 335.5 (providing for reopening based on receipt of “derogatory information concerning an applicant whose application has already…”
Escaler v. Us Citizenship & Immigr. Servs., 582 F.3d 288 (2d Cir. 2009).
“§ 1427 (a) prohibits the naturalization of any person who has not "resided continuously within the United States from the date of the application up to the time of admission to citizenship," CIS issued a notice of its intent to reopen appellant's application in June 2004,…”
Sampathkumar v. Holder, 573 F. App'x 55 (2d Cir. 2014).
· cites it 2× “8 C.F.R. § 335.5 . There is no exception to the requirement that the oath be taken in a “public ceremony.”
Baidas v. Jenifer, 123 F. App'x 663 (6th Cir. 2005).
· cites it 2× “4 The most pertinent regulation is 8 C.F.R. § 335.5 , which provides: In the event that the Service receives derogatory information concerning an applicant whose application has already been granted as provided in § 335.”
Escaler v. United States Citizenship & Immigr. Servs., 582 F.3d 288 (2d Cir. 2009).
“§ 1427 (a) prohibits the naturalization of any person who has not “resided continuously within the United States from the date of the application up to the time of admission to citizenship,” CIS issued a notice of its intent to reopen appellant’s application in June 2004,…”
Ajlani v. Chertoff (2d Cir. 2008).
· cites it 4× “On October 17, 2006, the New York District Director of USCIS issued a “Motion to Reopen” Ajlani’s naturalization proceedings pursuant to 8 C.F.R. § 335.5 (providing for reopening based on receipt of “derogatory information concerning an applicant whose application has already…”
Amar v. United States Citizenship & Immigr. Servs. (C.D. Ill. 2023).
“Amar’s Form N-400 Application for Naturalization within 14 days of the entry of this Order under the procedures set forth in the federal regulations including but not limited to 8 C.F.R. § 335.5 . (4) The USCIS shall issue a final determination on Mr.”
Lefsih v. Wolf (E.D.N.C. 2020).
“” 8 C.F.R. § 335.5 . Plaintiff alleges that USCIS was “improperly influenced” by HSI and FBI agents because they provided derogatory information to USCIS, which in turn caused USCIS to reopen and deny plaintiff’s application for naturalization.”
Usoh v. U.s.c.i.s (D.S.C. 2023).
“) See 8 C.F.R. § 335.5 (stating that “[a]n alien who has not taken the oath in a public ceremony remains a non-citizen”).”
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