Page:United States Statutes at Large Volume 104 Part 6.djvu/654

 104 STAT. 5044 PUBLIC LAW 101-649—NOV. 29, 1990 cases where the Attorney General does not consent to the withdrawal of the application, the application shall be determined on its merits and a final order determination made accordingly. In cases where the applicant fails to prosecute his application, the application shall be decided on the merits unless the Attorney General dismisses it for lack of prosecution. "(f) An applicant for naturalization who moves from the district of the Service in the United States in which the application is pending may, at any time thereafter, request the Service to transfer the application to any district of the Service in the United States which may act on the application. The transfer shall not be made without the consent of the Attorney General. In the case of such a transfer, the proceedings on the application shall continue as though the application had originally been filed in the district of the Service to which the application is transferred.". (14) Section 336 (8 U.S.C. 1447) is amended— (A) by amending the heading to read as follows: "HEARINGS ON DENIALS OF APPLICATIONS FOR NATURALIZATION"; (B) by amending subsections (a) and (b) to read as follows: "(a) If, after an examination under section 335, an application for naturalization is denied, the applicant may request a hearing before an immigration officer. "(b) If there is a failure to make a determination under section 335 before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States district court for the district in which the Courts. applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter."; (C) in subsection (c), by striking "court" and inserting "immigration officer"; (D) in subsection (d)— (i) by striking "clerk of the court" and all that follows through "naturalization" and inserting "immigration officer shall, if the applicant requests it at the time of filing the request for the hearing", (ii) by striking "final" each place it appears, and (iil) by adding at the end the following: "Such subpenas may be enforced in the same manner as subpenas under section 335(b) may be enforced."; and (E) in subsection (e)— (i) by striking "naturalization of any person," and inserting "administration by a court of the oath of allegiance under section 337(a)", and (ii) by striking "included in the petition for naturalization of such persons" and inserting "included in an appropriate petition to the court". (15) Section 337 (8 U.S.C. 1448) is amended— (A) in subsection (a)— (i) in the first sentence, by striking "in open court" and inserting "in a public ceremony before the Attorney General or a court with jurisdiction under section 310(b)",

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