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18 U.S.C. § 1429 — Penalties for neglect or refusal to answer subpena
Federal law — U.S. Code and appendices · legal_authorities
Any person who has been subpenaed under the provisions of subsection (d) of section 336 of the Immigration and Nationality Act to appear at the final hearing of an application for naturalization, and who shall neglect or refuse to so appear and to testify, if in the power of such person to do so, shall be fined under this title or imprisoned not more than five years, or both.
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Stable record: federal_law:legal_authorities:record_usc_5347997fd7b96a07b9c1553d
Source file: Laws/federal/codes/united-states-code/title-18/section-1429-penalties-for-neglect-or-refusal-to-answer-subpena--a3306eab96.md
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Source location: Title 18, Chapter 69, § 1429; chapter-069-nationality-and-citizenship.md
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Any person who has been subpenaed under the provisions of subsection (d) of section 336 of the Immigration and Nationality Act to appear at the final hearing of an application for naturalization, and who shall neglect or refuse to so appear and to testify, if in the power of such person to do so, shall be fined under this title or imprisoned not more than five years, or both.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority in Attorney General** The sole authority to naturalize persons as citizens of the United States is conferred upon the Attorney General.
**(b) Court authority to administer oaths**
(1) **Jurisdiction** — Subject to [section 1448(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1448/c&num=0&edition=prelim)—
(A) *General jurisdiction* — Except as provided in subparagraph (B), each applicant for naturalization may choose to have the oath of allegiance under [section 1448(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1448/a&num=0&edition=prelim) administered by the Attorney General or by an eligible court described in paragraph (5). Each such eligible court shall have authority to administer such oath of allegiance to persons residing within the jurisdiction of the court.
(B) *Exclusive authority* — An eligible court described in paragraph (5) that wishes to have exclusive authority to administer the oath of allegiance under [section 1448(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1448/a&num=0&edition=prelim) to persons residing within the jurisdiction of the court during the period described in paragraph (3)(A)(i) shall notify the Attorney General of such wish and, subject to this subsection, shall have such exclusive authority with respect to such persons during such period.
(2) **Information**
(A) *General information* — In the case of a court exercising authority under paragraph (1), in accordance with procedures established by the Attorney General—
(i) the applicant for naturalization shall notify the Attorney General of the intent to be naturalized before the court, and
(ii) the Attorney Gener
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Federal law — U.S. Code and appendices · legal_authorities
Page 380
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 1428
the first or second such offense, if the offense
was not committed to facilitate such an act of
international terrorism or a drug trafficking
crime), or 15 years (in the case of any other of-
fense), or both.
(June 25, 1948, ch. 645, 62 Stat. 767; Pub. L.
103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994,
108 Stat. 2147; Pub. L. 104–208, div. C, title II,
§ 211(a)(2), Sept. 30, 1996, 110 Stat. 3009–569; Pub.
L. 107–273, div. B, title IV, § 4002(a)(3), Nov. 2,
2002, 116 Stat. 1806.)
HISTORICAL AND REVISION NOTES
Based on subsections (a) par. (13), (d) of section 746 of
title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14,
1940, ch. 876, § 346(a)(13), (d), 54 Stat. 1165, 1167).
Minor changes were made in phraseology.
Editorial Notes
AMENDMENTS
2002—Pub. L. 107–273 substituted ‘‘to facilitate’’ for
‘‘to facility’’.
1996—Pub. L. 104–208 substituted ‘‘imprisoned not
more than 25 years (if the offense was committed to fa-
cilitate an act of international terrorism (as defined in
section 2331 of this title)), 20 years (if the offense was
committed to facilitate a drug trafficking crime (as de-
fined in section 929(a) of this title)), 10 years (in the
case of the first or second such offense, if the offense
was not committed to facility such an act of inter-
national terrorism or a drug trafficking crime), or 15
years (in the case of any other offense)’’ for ‘‘impris-
oned not more than five years’’.
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $5,000’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–208 applicable with re-
spect to offenses occurring on or after Sept. 30, 1996, see
section 211
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