If it shall appear to a district director that a person has illegally or fraudulently obtained or caused to be created a certificate, document, or record described in section 342 of the Act, a notice shall be served upon the person of intention to cancel the certificate, document, or record. The notice shall contain allegations of the reasons for the proposed action and shall advise the person that he may submit, within 60 days of service of the notice, an answer in writing under oath or affirmation showing cause why the certificate, document, or record should not be canceled, that he may appear in person before a naturalization examiner in support of, or in lieu of his written answer, and that he may have present at that time, without expense to the Government, an attorney or representative qualified under part 292 of this chapter. In such proceedings the person shall be known as the respondent.
[29 FR 5511, Apr. 24, 1964, as amended at 37 FR 2767, Feb. 5, 1972]
Notes of Decisions
L. Xia v. Rex Tillerson (2017)
cadc · cites it 2×
“8 C.F.R. § 342.1 . The certificate holder, who may be represented by counsel, can then dispute the cancellation either in writing or in person.”
ZHANG (2019)
bia
“§ 1453 (2012); 8 C.F.R. §§ 342.1 , 342.8 (2019). Although a Certificate of Naturalization is evidence of United States citizenship, the certificate itself does not confer citizenship status if it is acquired unlawfully.”
FALODUN (2017)
bia
“1999); 8 C.F.R. § 342.1 (2016) (“If it shall appear to a district director that a person has illegally or fraudulently obtained or caused to be created a certificate .”
Hadwan v. US Dep't of State (2025)
ca2
“§ 1453 (authorizing the cancellation of a naturalization certificate “if it shall appear to the Attorney General’s satisfaction that such document … was illegally or fraudulently obtained” and providing the certificate holder “at least sixty days in which to show cause why such…”
In Re Naturalization Filed on Behalf of Mendiola (1986)
nysd
“8 C.F.R. § 342.1 . The Service can effect service for the revocation either by personal service, or by registered or certified mail, return receipt requested, to the person’s last known address.”
Friend v. Reno (1999)
ca9
“” 8 C.F.R. § 342.1 . As a result, once the Attorney General discovered that the certificate of citizenship had been issued in error, she had a duty to institute cancellation proceedings.”
Xia v. Kerry (2019)
dcd · cites it 3×
“; 8 C.F.R. § 342.1 . Additionally, the notice must advise the holder of the right to appear in person before a naturalization examiner (with or without an attorney) to demonstrate why the certificate should not be cancelled.”
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