Filing 60

REPLY to Response to Motion re 49 MOTION to Dismiss to correct Deficiency Notice filed by The UNITED STATES OF AMERICA. (Attachments: # 1 Index to Exhibits, # 2 Exhibit H - Memorandum from James T. Hayes, Jr., dated November 6, 2008, # 3 Exhibit I - Memorandum from John Morton, dated November 19, 2009) (Whitman, James)

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EXHIBIT H 425 { Sm~et, NW DC 20536 U.S. Immigration and Customs En.gorcement MEMORANDUM FOR: FROM: SUB,}ECT: SupersedMg Ouid~mce (m Reporting and Investigating Claims Ira. Memorandu r~ st~nersedes the gui&mce issued o.~ July !8, 2008, entitled ’%uperseding (kAdance or~ Reporting a~d investigation of Claims ~0 Unhed S~a~es Cffizenship." ’lhe ()~fffce of Detention a~d Removal Operations (DRO) is rcsponsiNe ~r the enibrcement of immigra{ion taws. b~ the course oF exercising authorKy m~der section 287 of the Immigration and Nafionaihy Act, S U,S,C. } 1357, DRO o~ficers may encounter who eitl~er assert claims to U.S. ckizenshlp or are unsure o£thdr ckizenshlp. Prior to making waKant{ess arrest o[ such an }nd{vidual, DRO officers must ensure that sihe has reason roguk~tion govemhsg rise admission, exclusion, expulsion or remora} o~aHeos.~ h4oreovec, ckizenship~ sh~.ti immcdk4uI] ~oti!~},’ tic Field Of Nc,~ Director (FOD) hrough their chMn o1" comma~d. The FOD shall make t~e appropqate ~otJScation to DRO headquarters. Each Mso Babula v, i~S. 665 F.3d 293 (3d Cfr. 404 U.S. 864( ww w,{ Su~ect: Superseding Guidance on Reporting and investigating Claims to United States Citizenship encountered within their area of responsibilhy are appropriaeiy reported and investigated. Interviews with detainees making claims to U,S. citizenship shall be conducted by either a Supervisory immigration En~rceme~tt Age~t (SIEA) or Deportation Ok’icer, interviews will be cecorded as sworn statements and b~clude all questions needed to comp!ete all fields on a Form ~-2i3. In addition, the swor~ s*atement must include probative questions designed to el~cit [nibrmatio~ sufficient ~o a~iow an i~vestigation of the person’s claim of" citizenship. This investigation may include vital records scarchcs~ {hmiiy interviews, and other appropriate hsvestisative measures. li an affirmative claim to U.S. citizenship is nm,de by an individual prior to the commencemen~ oF removal proceedis~gs, the FOD will, in consultation with DRO headquarters and local O~ce of Chief Counset (OCC), determine whed~er su£~cieut evidence exists to place that individual into remova~ proceedings, [~’ an affirmative claim to U.S. citizenship ~s made by an individua[ f~!lowin~ the issuance of the Notice o£ Appear (NTA), each OCC, in consultation with the [:OD, wFho where necessarF, should consult with HQ D[~O, will determine the mosi appropriate cou~rse of action with respect to ~he disposition of the NTA and termination of the case, while providing any necessary advice to the FOD as to c}sar?ges to the individuai’s custody conditions, FODs shail ensure that ail DRO emp!oyees h~ their area of responsibility (inctusfve of those state, locat or tribal cross-trained 287(g) officers) who are under their control, understand and adhere to ~his policy. Questions regarding this policy should be dh’ected to Christopher Shanahan, Acting Assistant Director, E~fbrcement.

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