8 U.S.C. § 1503 — Denial of rights and privileges as national

Page 529 TITLE 8—ALIENS AND NATIONALITY § 1504 in judicial or administrative proceedings in a foreign state. Such certificate shall be solely for use in the case for which it was issued and shall be transmitted by the Secretary of State through appropriate official channels to the ju- dicial or administrative officers of the foreign state in which it is to be used. (June 27, 1952, ch. 477, title III, ch. 4, § 359, 66 Stat. 273.) Editorial Notes CODIFICATION Section was formerly classified to section 101 of this title. § 1503. Denial of rights and privileges as national (a) Proceedings for declaration of United States nationality If any person who is within the United States claims a right or privilege as a national of the United States and is denied such right or privi- lege by any department or independent agency, or official thereof, upon the ground that he is not a national of the United States, such person may institute an action under the provisions of section 2201 of title 28 against the head of such department or independent agency for a judg- ment declaring him to be a national of the United States, except that no such action may be instituted in any case if the issue of such per- son’s status as a national of the United States (1) arose by reason of, or in connection with any removal proceeding under the provisions of this chapter or any other act, or (2) is in issue in any such removal proceeding. An action under this subsection may be instituted only within five years after the final administrative denial of such right or privilege and shall be filed in the district court of the United States for the dis- trict in which such person resides or claims a residence, and jurisdiction over such officials in such cases is conferred upon those courts. (b) Application for certificate of identity; appeal If any person who is not within the United States claims a right or privilege as a national of the United States and is denied such right or privilege by any department or independent agency, or official thereof, upon the ground that he is not a national of the United States, such person may make application to a diplomatic or consular officer of the United States in the for- eign country in which he is residing for a certifi- cate of identity for the purpose of traveling to a port of entry in the United States and applying for admission. Upon proof to the satisfaction of such diplomatic or consular officer that such ap- plication is made in good faith and has a sub- stantial basis, he shall issue to such person a certificate of identity. From any denial of an ap- plication for such certificate the applicant shall be entitled to an appeal to the Secretary of State, who, if he approves the denial, shall state in writing his reasons for his decision. The Sec- retary of State shall prescribe rules and regula- tions for the issuance of certificates of identity as above provided. The provisions of this sub- section shall be applicable only to a person who at some time prior to his application for the cer- tificate of identity has been physically present in the United States, or to a person under six- teen years of age who was born abroad of a United States citizen parent. (c) Application for admission to United States under certificate of identity; revision of de- termination A person who has been issued a certificate of identity under the provisions of subsection (b), and while in possession thereof, may apply for admission to the United States at any port of entry, and shall be subject to all the provisions of this chapter relating to the conduct of pro- ceedings involving aliens seeking admission to the United States. A final determination by the Attorney General that any such person is not entitled to admission to the United States shall be subject to review by any court of competent jurisdiction in habeas corpus proceedings and not otherwise. Any person described in this sec- tion who is finally denied admission to the United States shall be subject to all the provi- sions of this chapter relating to aliens seeking admission to the United States. (June 27, 1952, ch. 477, title III, ch. 4, § 360, 66 Stat. 273; Pub. L. 104–208, div. C, title III, § 308(d)(4)(P), Sept. 30, 1996, 110 Stat. 3009–619.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (c), was in the original a reference to this Act, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immi- gration and Nationality Act, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–208, § 308(d)(4)(P)(i), sub- stituted ‘‘removal’’ for ‘‘exclusion’’ in two places. Subsec. (c). Pub. L. 104–208, § 308(d)(4)(P)(ii), sub- stituted ‘‘denied admission’’ for ‘‘excluded from admis- sion’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1504. Cancellation of United States passports and Consular Reports of Birth (a) The Secretary of State is authorized to cancel any United States passport or Consular Report of Birth, or certified copy thereof, if it appears that such document was illegally, fraud- ulently, or erroneously obtained from, or was created through illegality or fraud practiced upon, the Secretary. The person for or to whom such document has been issued or made shall be