1200-39503, 4, 5, and 6.
Decided by Regional Commissioner June 29, 1955.
Certificate of citizenship — Section 341 of 1952 Act — Blood test requirement — 8 C.F.R. 10.1.
In the absence of documentary evidence of their claims to United States citizenship, applicants for certificates of citizenship under section 341 of the 1952 act may be required to submit to blood tests to verify their claims notwithstanding the fact that they were previously admitted to the United States as citizens thereof.
BEFORE REGIONAL COMMISSIONER, NW. REGION
Discussion: These cases are on appeal from the decision of the District Director, Seattle, Washington, dated May 9, 1955, denying the applications for certificates of citizenship because of lack of documentary evidence of citizenship and failure to submit blood tests as corroborating evidence.
Applicants claim to have been born in Canton City, China. Applicant C---- W---- M---- alleges birth on July 20, 1929, applicant C---- Y---- M---- claims birth on September 15, 1930, applicant C---- S---- M---- claims birth on January 10, 1932, and applicant C---- K---- M---- claims birth on October 10, 1937. They claim that they acquired United States citizenship at birth through their father, H---- M----, who was born in the United States, had resided in the United States and had not been expatriated prior to the applicants' births.
The applicants were last admitted to the United States at San Francisco, California, on October 10, 1950. After a hearing by a board of special inquiry it was concluded at that time that they had satisfactorily established their relationship to the person through whom they were claiming citizenship and they were admitted as United States citizens. Thereafter they filed their applications for certificates of citizenship which are presently under consideration. Confidential information has been received by this Service indicating the possibility of fraud. In view thereof and because of the lack of documentary evidence of citizenship the applicants and their parents were requested to submit to blood tests. They have refused to comply with such request.
The sole issue involved in this case is whether an application for a certificate of citizenship may be denied where there is no documentary evidence of citizenship and the applicant refuses to undergo a blood test despite the fact that there was a prior administrative holding to the effect that the applicant was a citizen of the United States.
In behalf of the applicants it has been contended by counsel that a prior adjudication of citizenship constitutes a prima facie case and must stand as determinative of the status of the applicant involved unless new evidence of a substantial character is presented. However, it is also well established that the Service is not bound by prior actions of local officers in admitting aliens into the United States ( See, 3 IN Dec. 689). Furthermore, the primary issue in this case is not the question of determination of citizenship, but whether or not a certificate of citizenship should be issued by this Service.
Section 341 of the Immigration and Nationality Act ( 8 U.S.C.A. 1452) provides that a certificate shall be issued only upon the submission of "proof to the satisfaction of the Attorney General that the applicant is a citizen." The burden of proof is therefore upon the applicant to satisfy this Service that he is a citizen. 8 C.F.R. 10.1 provides that "The Service officer authorized to make decisions may in his discretion require the submission of additional evidence including blood tests where that is deemed helpful and appropriate." Regulations have the force and effect of law ( Matter of A----, A-6178382, 3 IN Dec. 714, 716; United States ex rel. Accardi v. Shaughnessy, 347 U.S. 260 (March 15, 1954)).
In behalf of the applicants it is contended by counsel that in a decision of the Service dated August 24, 1954 ( Matter of L---- K---- J----, File 1200-44697), a certificate of citizenship was issued despite the fact that the applicant and his father refused to submit to a blood test. However, in that decision it was pointed out that the requirement of a blood test was not sanctioned by law or regulation. This case, therefore, is not decisive of the issue inasmuch as there is outstanding a present regulation concerning the requirement of a blood test which has the full force and effect of law.
Inasmuch as the applicants have not presented any documentary evidence of their claims to citizenship and this Service has information which casts doubt on such claims, the requirement of this Service for the applicants to submit to blood tests is not arbitrary. In view of their refusal to undergo such tests and the lack of primary evidence as to their citizenship, it is concluded that the applicants have failed to prove to the satisfaction of this Service that they are citizens of the United States. Consequently, the decision of the district director will be affirmed.
Order: It is ordered that the decision of the district director denying the applications of the above-named applicants for certificates of citizenship be affirmed.