U.S. Code » Title 8 » Chapter CHAPTER 12— IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER II— IMMIGRATION › Part Part VII— Registration of Aliens

8 U.S.C. § 1305

Notices of change of address

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(a) Notification of change

Each alien required to be registered under this subchapter who is within the United States shall notify the Attorney General in writing of each change of address and new address within ten days from the date of such change and furnish with such notice such additional information as the Attorney General may require by regulation.

(b) Current address of natives of any one or more foreign states

The Attorney General may in his discretion, upon ten days notice, require the natives of any one or more foreign states, or any class or group thereof, who are within the United States and who are required to be registered under this subchapter, to notify the Attorney General of their current addresses and furnish such additional information as the Attorney General may require.

(c) Notice to parent or legal guardian

In the case of an alien for whom a parent or legal guardian is required to apply for registration, the notice required by this section shall be given to such parent or legal guardian.

(June 27, 1952, ch. 477, title II, ch. 7, § 265, 66 Stat. 225; Pub. L. 97–116, § 11, Dec. 29, 1981, 95 Stat. 1617; Pub. L. 100–525, § 9(o), Oct. 24, 1988, 102 Stat. 2620.)Editorial NotesAmendments

1988—Pub. L. 100–525 inserted “Notices of change of address” as section catchline.

1981—Pub. L. 97–116 amended section generally and in adding subsection designations struck out the annual registration requirement for permanent resident aliens and the registration requirement for those aliens in a lawful temporary residence who were to notify the Attorney General in writing of an address every three months while residing in the United States and inserted provision authorizing the Attorney General, in his discretion and upon ten days notice, to require the natives of any one or more foreign states who are in the United States and required to be registered under this subchapter, to notify the Attorney General of their current addresses and furnish such additional information as required.

Statutory Notes and Related SubsidiariesEffective Date of 1981 Amendment

Amendment by Pub. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97–116, set out as a note under section 1101 of this title.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

Notes of Decisions
Cited in 93 cases (5 in the last 5 years), 1954–2026 · leading case: Rajah v. Mukasey, 544 F.3d 427 (2d Cir. 2008).
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Rajah v. Mukasey, 544 F.3d 427 (2d Cir. 2008). · cites it 3× “2006) (noting that 8 U.S.C. §§ 1305 and 1303(a) “give[] the Attorney General great latitude in setting special registration requirements”) Petitioners note that the Program classifies on the basis of nationality.”
Carissa Ann Marie Dominguez v. U.S. Attorney Gen., 284 F.3d 1258 (11th Cir. 2002). · cites it 3× “” 1 Indeed, an alien has an affirmative duty to provide the government with a correct address; under 8 U.S.C. § 1305 (a), 2 the alien must notify the attorney general within ten days from the date of a change of address.”
United States v. Raul Estrada-Trochez, 66 F.3d 733 (5th Cir. 1995). · cites it 3× “Estrada-Trochez did not receive this notice, however, because he had moved without informing the government of his change of address, as required by 8 U.S.C. § 1305 . While his case was pending, the statutory duty remained on the Appellant to “notify the Attorney General in…”
Abel v. United States, 362 U.S. 217 (1960). · cites it 2× “8 U. S. C. § 1305 . Noto then determined on petitioner's administrative arrest as a preliminary to his deportation.”
Ayuda, Inc. v. Richard Thornburgh, Individually, & as Attorney Gen. of the United States, (Two Cases) Ayuda, Inc. v. Richard Thornburgh, 948 F.2d 742 (D.C. Cir. 1991). · cites it 4× “See Immigration and Nationality Act (INA) § 265, 8 U.S.C. § 1305 (1976), amended by 8 U.S.”
Oyenike Alaka v. Attorney Gen. of the United States Sec'y of Dep't of Homeland Sec., 456 F.3d 88 (3rd Cir. 2006). “§ 1302 (c) ("[t]he Attorney General may, in his discretion”); 8 U.S.C. § 1305 (b) ("[t]he Attorney General may in his discretion”); 8 U.”
Ayuda, Inc. v. Richard Thornburgh, 880 F.2d 1325 (D.C. Cir. 1989). · cites it 3× “They raised an issue, not previously surfaced, concerning the interrelationship between section 245A of IRCA and former section 265 of the Immigration and Nationality Act, 8 U.S.C. § 1305 (1976), amended by 8 U.S.”
Rubio v. Superior Court, 593 P.2d 595 (Cal. 1979). · cites it 2× “( 8 U.S.C. § 1305 .) Naturalized citizens, of course, are not required to so report; but an estimate of their number in this country can be inferred from the fact that since 1930, for example, a total of 6,625,000 persons have been granted the status of naturalized citizens.”
Russell Bufalino v. John W. Holland, Dist. Dir. of Immigr. & Naturalization, 277 F.2d 270 (3rd Cir. 1960). · cites it 5× “§ 1251 (a) (5) 2 in that he failed to register with the Attorney General of the United States in January 1956 and January 1957, as required by 8 U.S.C.A. § 1305 . 3 It is rep *273 resented that on each re-entry he stated that he was a citizen of the United States.”
Pasqual Antonio-Martinez v. Immigr. & Naturalization Serv., 317 F.3d 1089 (9th Cir. 2003). “8 U.S.C. § 1305 (a); 8 C.F.R. § 265.1 . 2 He failed to do so, and his counsel and the INS are now unable to locate him because of his dereliction.”
Nidia Del Rosario Urbina-osejo, Petitioner, v. Immigr. & Naturalization Serv., Respondent, 124 F.3d 1314 (9th Cir. 1997). · cites it 2× “This holding turns the alien’s statutory duty to notify the INS of a change of address upside down, 8 U.S.C. § 1305 (a), and it is out of sync with our own precedent and that of other circuits.”
G-y-r, 23 I. & N. Dec. 181 (BIA 2001). “The Service also asserts that section 265 of the Act, 8 U.S.C. § 1305 (1994), places an affirmative duty on the respondent to keep the 2 On appeal, the Service states that the respondent became a class member under American Baptist Churches v.”
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