8 U.S.C. § 1421 : US Code - Section 1421: Naturalization authority

Search 8 U.S.C. § 1421 : US Code - Section 1421: Naturalization authority

(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 - 
(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 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 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 General - 
(I) shall forward to the court (not later than 10 days
after the date of approval of an application for
naturalization in the case of a court which has provided
notice under paragraph (1)(B)) such information as may be
necessary to administer the oath of allegiance under
section 1448(a) of this title, and
(II) shall promptly forward to the court a certificate of
naturalization (prepared by the Attorney General).
(B) Assignment of individuals in the case of exclusive
authority
If an eligible court has provided notice under paragraph
(1)(B), the Attorney General shall inform each person (residing
within the jurisdiction of the court), at the time of the
approval of the person's application for naturalization, of - 
(i) the court's exclusive authority to administer the oath
of allegiance under section 1448(a) of this title to such a
person during the period specified in paragraph (3)(A)(i),
and
(ii) the date or dates (if any) under paragraph (3)(B) on
which the court has scheduled oath administration ceremonies.
If more than one eligible court in an area has provided notice
under paragraph (1)(B), the Attorney General shall permit the
person, at the time of the approval, to choose the court to
which the information will be forwarded for administration of
the oath of allegiance under this section.
(3) Scope of exclusive authority
(A) Limited period and advance notice required
The exclusive authority of a court to administer the oath of
allegiance under paragraph (1)(B) shall apply with respect to a
person - 
(i) only during the 45-day period beginning on the date on
which the Attorney General certifies to the court that an
applicant is eligible for naturalization, and
(ii) only if the court has notified the Attorney General,
prior to the date of certification of eligibility, of the day
or days (during such 45-day period) on which the court has
scheduled oath administration ceremonies.
(B) Authority of Attorney General
Subject to subparagraph (C), the Attorney General shall not
administer the oath of allegiance to a person under subsection
(a) of this section during the period in which exclusive
authority to administer the oath of allegiance may be exercised
by an eligible court under this subsection with respect to that
person.
(C) Waiver of exclusive authority
Notwithstanding the previous provisions of this paragraph, a
court may waive exclusive authority to administer the oath of
allegiance under section 1448(a) of this title to a person
under this subsection if the Attorney General has not provided
the court with the certification described in subparagraph
(A)(i) within a reasonable time before the date scheduled by
the court for oath administration ceremonies. Upon notification
of a court's waiver of jurisdiction, the Attorney General shall
promptly notify the applicant.
(4) Issuance of certificates
The Attorney General shall provide for the issuance of
certificates of naturalization at the time of administration of
the oath of allegiance.
(5) Eligible courts
For purposes of this section, the term "eligible court" means -

(A) a district court of the United States in any State, or
(B) any court of record in any State having a seal, a clerk,
and jurisdiction in actions in law or equity, or law and
equity, in which the amount in controversy is unlimited.
(c) Judicial review
A person whose application for naturalization under this
subchapter is denied, after a hearing before an immigration officer
under section 1447(a) of this title, may seek review of such denial
before the United States district court for the district in which
such person resides in accordance with chapter 7 of title 5. Such
review shall be de novo, and the court shall make its own findings
of fact and conclusions of law and shall, at the request of the
petitioner, conduct a hearing de novo on the application.
(d) Sole procedure
A person may only be naturalized as a citizen of the United
States in the manner and under the conditions prescribed in this
subchapter and not otherwise.