8 C.F.R. § 340.2
Revocation proceedings pursuant to section 340(a) of the Act
(a) Recommendations for institution of revocation proceedings. Whenever it appears that any grant of naturalization may have been illegally procured or procured by concealment of a material fact or by willful misrepresentation, and a prima facie case exists for revocation pursuant to section 340(a) of the Act, USCIS will make a recommendation regarding revocation.
(b) Recommendation for criminal prosecution. If it appears to USCIS that a case described in paragraph (a) of this section is amenable to criminal penalties under 18 U.S.C. 1425 for unlawful procurement of citizenship or naturalization, the facts will be reported to the appropriate United States Attorney for possible criminal prosecution.
Notes of Decisions
Cited in 2
cases, 1998–1999 · leading case: Gorbach v. Reno, 179 F.3d 1111 (9th Cir. 1999).
Gorbach v. Reno, 179 F.3d 1111 (9th Cir. 1999). “1, the regulation directly at issue, provides for reopening of a naturalization application by an INS district director pursuant to INA § 340(h); 8 C.F.R. § 340.2 provides for revocation proceedings pursuant to INA § 340(a), the judicial revocation provision.”
Gorbach v. Reno, 181 F.R.D. 642 (W.D. Wash. 1998). “The district director is required to refer a case to the regional director for revocation proceedings under 8 C.F.R. § 340.2 (which *647 governs revocation proceedings pursuant to section 340(a) of the INA) in two instances.”
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