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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112741
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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When I petition to Federal Court District. I think there are

Customer Question

When I petition to Federal Court District. I think there are two choices: 1) Petition to amend a certificate of Naturalization as a Writ for Declaratory Judgment requesting relief through the Creation of a Remedy, 2) Petition to Amend Certificate of Naturalization
(8 CFR 334.16(b). Which is your recommendation? When I petition, is this appeal related to a filing a Writ of Mandamus with the Federal Court.? Grace
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to amend this through USCIS now, because 8 C.F.R. §334.16(b) was a federal regulation that provided for District Court jurisdiction over petitions to amend errors in naturalization documents after an individual had been granted citizenship. The 1990 Immigration Act transferred naturalization jurisdiction from the judicial to the executive branch of government. 8 U.S.C.A. § 1421. As a result, the federal judiciary only retained jurisdiction under §334.16(b) to review petitions to amend judicially-crafted naturalization documents issued before 1990.
So, if your document was created before 1990, your petition could be heard under 334.16. If your document was created after 1990, you have to go through the USCIS and ask them to amend and if they do not amend then you would appeal their denial or if they refuse to act, then mandamus is the proper remedy.