Initial jurisdiction to rule on applications for naturalization is given to the U.S. Customs and Immigration Service (USCIS, formerly the Immigration and Naturalization Service) exclusively pursuant to ? 310 of the Immigration and Naturalization Act (INA). If a naturalization application is denied, a person can appeal for a "de novo" (or completely new) review of the application by a court. This review by a court is called "judicial review."

Section 336 of the INA provides that judicial review of the denial of a naturalization application is available in two situations: (1) after all administrative remedies have been exhausted; and (2) upon failure of the USCIS to act upon an application for naturalization within 120 days following the initial naturalization examination. Jurisdiction over these matters is vested in the federal district courts. The district courts have the authority to either enter a decision or to remand (or send back) the matter to the USCIS with instructions.

An appeal, to a federal court of appeals, from a district court's naturalization decision must be made within 60 days of the entry of final judgment. The last step of judicial review of a naturalization decision would be filing a writ of certiorari to the U.S. Supreme Court. These steps of judicial appellate review apply to denaturalization decisions as well.

Denaturalization

Judicial Denaturalization

Federal courts have exclusive jurisdiction over denaturalization matters. With respect to judicial review of a judicial proceeding for denaturalization, the government must have established its case by clear, convincing, and unequivocal evidence for the decision to be upheld on appeal. A district court's findings of fact may be reconsidered on appeal.

Administrative Denaturalization

If the final decision of an administrative proceeding is to revoke a person's certificate of naturalization, then that decision may be administratively appealed within 30 days. If the administrative appeal still results in an order of denaturalization, a person can then seek judicial review. The decision of a court will then become the final determination in the matter.

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