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					                                Immigration and Naturalization Service, Justice                                                       § 310.5

                                which the court is located, of the                        § 310.4 Judicial naturalization author-
                                court’s intent to exercise such exclu-                        ity and withdrawal of petitions.
                                sive jurisdiction.                                          (a) Jurisdiction. No court shall have
                                   (2) At least 60 days prior to the hold-                jurisdiction under section 310(a) of the
                                ing of any oath administration cere-                      Act, to naturalize a person unless a pe-
                                mony referred to in § 337.8 of this chap-                 tition for naturalization with respect
                                ter, the clerk of court shall give writ-                  to that person was filed with the natu-
                                ten notice to the appropriate district                    ralization court before October 1, 1991.
                                director of the time, date, and place of                    (b) Withdrawal of petitions. (1) In the
                                such ceremony and of the number of                        case of any petition for naturalization
                                persons who may be accommodated.                          which was pending in any court as of
                                   (d) A court that has notified the                      November 29, 1990, the petitioner may
                                Service pursuant to paragraph (c)(1) of                   elect to withdraw such petition, and
                                this section shall have exclusive au-                     have the application for naturalization
                                thority to administer the oath of alle-                   considered under the administrative
                                giance to persons residing within its                     naturalization process. Such petition
                                jurisdiction for a period of 45 days be-                  must be withdrawn after October 1,
                                ginning on the date that the Service                      1991, but not later than December 31,
                                notifies the clerk of court of the appli-                 1991.
                                cant’s eligibility for naturalization.                      (2) Except as provided in paragraph
                                Such exclusive authority shall be effec-                  (b)(1) of this section, the petitioner
                                tive only if on the date the Service no-                  shall not be permitted to withdraw his
                                tifies the clerk of court of the appli-                   or her petition for naturalization, un-
                                cant’s eligibility, the court has notified                less the Attorney General consents to
                                the Service of the day or days during                     the withdrawal.
                                such 45-day period on which the court                       (c) Judicial proceedings. (1) All pend-
                                has scheduled oath administration                         ing petitions not withdrawn in the
                                ceremonies available to the applicant.                    manner and terms described in para-
                                The Service must submit the notifica-                     graph (b) of this section, shall be de-
                                tion of the applicant’s eligibility to the                cided, on the merits, by the naturaliza-
                                clerk of court within 10 days of the ap-                  tion court, in conformity with the ap-
                                proval of the application pursuant to                     plicable provisions of the judicial natu-
                                § 337.8 of this chapter.                                  ralization authority of the prior stat-
                                   (e) Waiver of exclusive authority. A                   ute. The reviewing court shall enter a
                                court exercising exclusive authority to                   final order.
                                administer the oath of allegiance pur-                      (2) In cases where the petitioner fails
                                suant to paragraph (c) of this section                    to prosecute his or her petition, the
                                may waive such exclusive authority                        court shall decide the petition upon its
                                when it is determined by the court that                   merits unless the Attorney General
                                the Service failed to notify the court                    moves that the petition be dismissed
                                within a reasonable time prior to a                       for lack of prosecution.
                                scheduled oath ceremony of the appli-
                                                                                          § 310.5     Judicial review.
                                cant’s eligibility such that it is im-
                                practical for the applicant to appear at                    (a) After 120 days following examina-
                                that ceremony. The court shall notify                     tion. An applicant for naturalization
                                the district director in writing of the                   may seek judicial review of a pending
                                waiver of exclusive authority as it re-                   application for naturalization in those
                                lates to a specific applicant, and the                    instances where the Service fails to
                                Service shall promptly notify the ap-                     make a determination under section
                                plicant. The Service shall then arrange                   335 of the Act within 120 days after an
                                for the administration of the oath of                     examination is conducted under part
                                                                                          335 of this chapter. An applicant shall
                                allegiance pursuant to § 337.2 of this
                                                                                          make a proper application for relief to
                                                                                          the United States District Court hav-
                                [58 FR 49911, Sept. 24, 1993, as amended at 66            ing jurisdiction over the district in
                                FR 32144, June 13, 2001]                                  which the applicant resides. The court
                                                                                          may either determine the issues


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