C.F.R. » Title 8 » CHAPTER V—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE › SUBCHAPTER B—IMMIGRATION REGULATIONS › PART 1208—PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL › Subpart A—Asylum and Withholding of Removal

8 C.F.R. § 1208.6

Disclosure to third parties

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(a) Information contained in or pertaining to any application for refugee admission, asylum, withholding of removal under section 241(b)(3) of the Act, or protection under regulations issued pursuant to the Convention Against Torture's implementing legislation, records pertaining to any credible fear determination conducted pursuant to § 208.30, and records pertaining to any reasonable fear determination conducted pursuant to § 208.31, shall not be disclosed without the written consent of the applicant, except as permitted by this section or at the discretion of the Attorney General.

(b) The confidentiality of other records kept by DHS and the Executive Office for Immigration Review that indicate that a specific alien has applied for refugee admission, asylum, withholding of removal under section 241(b)(3) of the Act, or protection under regulations issued pursuant to the Convention Against Torture's implementing legislation, or has received a credible fear or reasonable fear interview, or received a credible fear or reasonable fear review shall also be protected from disclosure, except as permitted in this section. DHS will coordinate with the Department of State to ensure that the confidentiality of those records is maintained if they are transmitted to Department of State offices in other countries.

(c) This section shall not apply to any disclosure to:

(1) Any United States Government official or contractor having a need to examine information in connection with:

(i) The adjudication of asylum applications;

(ii) The consideration of a request for a credible fear or reasonable fear interview, or a credible fear or reasonable fear review;

(iii) The defense of any legal action arising from the adjudication of, or failure to adjudicate, the asylum application, or from a credible fear determination or reasonable fear determination under § 1208.30 or § 1208.31;

(iv) The defense of any legal action of which the asylum application, credible fear determination, or reasonable fear determination is a part; or

(v) Any United States Government investigation concerning any criminal or civil matter; or

(2) Any Federal, State, or local court in the United States considering any legal action:

(i) Arising from the adjudication of, or failure to adjudicate, the asylum application, or from a credible fear or reasonable fear determination under § 1208.30 or § 1208.31; or

(ii) Arising from the proceedings of which the asylum application, credible fear determination, or reasonable fear determination is a part.

(d)(1) Any information contained in an application for refugee admission, asylum, withholding of removal under section 241(b)(3) the Act, or protection under regulations issued pursuant to the Convention Against Torture's implementing legislation, any relevant and applicable information supporting that application, any information regarding an alien who has filed such an application, and any relevant and applicable information regarding an alien who has been the subject of a reasonable fear or credible fear determination may be disclosed:

(i) As part of an investigation or adjudication of the merits of that application or of any other application under the immigration laws;

(ii) As part of any State or Federal criminal investigation, proceeding, or prosecution;

(iii) Pursuant to any State or Federal mandatory reporting requirement;

(iv) To deter, prevent, or ameliorate the effects of child abuse;

(v) As part of any proceeding arising under the immigration laws, including proceedings arising under the Act; and

(vi) As part of the Government's defense of any legal action relating to the alien's immigration or custody status, including petitions for review filed in accordance with 8 U.S.C. 1252.

(2) If information may be disclosed under paragraph (d)(1) of this section, the disclosure provisions in paragraphs (a), (b), and (c) of this section shall not apply.

(e) Nothing in this section shall be construed as prohibiting the disclosure of information contained in an application for refugee admission, asylum, withholding of removal under section 241(b)(3)(B) of the Act, or protection under the regulations issued pursuant to the Convention Against Torture's implementing legislation, any relevant and applicable information supporting that application, information regarding an alien who has filed such an application, or information regarding an alien who has been the subject of a reasonable fear or credible fear determination:

(1) Among employees of the Department of Justice, the Department of Homeland Security, the Department of State, the Department of Health and Human Services, the Department of Labor, or a U.S. national security agency having a need to examine the information for an official purpose; or

(2) Where a United States government employee or contractor has a good faith and reasonable belief that disclosure is necessary to prevent the commission of a crime, the furtherance of an ongoing crime, or to ameliorate the effects of a crime.

[65 FR 76133, Dec. 6, 2000, as amended at 85 FR 80395, Dec. 11, 2020]
Notes of Decisions
Cited in 25 cases (5 in the last 5 years), 2005–2025 · leading case: Masoud Hosseini v. Alberto R. Gonzales, Attorney Gen., 471 F.3d 953 (9th Cir. 2006).
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Masoud Hosseini v. Alberto R. Gonzales, Attorney Gen., 471 F.3d 953 (9th Cir. 2006). · cites it 2× “8 C.F.R. § 1208.6 (a). Although that regulation restrains the government, it does not impede Iran’s actions.”
Lyashchynska v. U.S. Attorney Gen., 676 F.3d 962 (11th Cir. 2012). · cites it 4× “There are two issues on appeal: (1) whether the IJ and the BIA weighed the evidence of document authenticity in light of the totality of the circumstances when making their respective credibility determinations; and (2) whether the Investigator conducting the investigation of…”
Jose Alberto Perez-Guerrero v. U.S. Attorney Gen., 717 F.3d 1224 (11th Cir. 2013). · cites it 2× “See 8 C.F.R. § 1208.6 . IV. CONCLUSION We DENY the motion of the Attorney General to dismiss Perez-Guerrero’s petition for lack of jurisdiction.”
R-k-k, 26 I. & N. Dec. 658 (BIA 2015). · cites it 3× “This is particularly true where there is additional material in 3 This should be done in a manner consistent with the confidentiality concerns of the regulation at 8 C.F.R. § 1208.6 (2015). In that regard, 8 C.”
Zhen Nan Lin v. United States Dep't of Just., 459 F.3d 255 (2d Cir. 2006). “§ 208 , was duplicated at 8 C.F.R. § 1208.6 . Since the events in this case occurred prior to the reorganization of title 8, we will refer only to section 208.”
Saeed Ghasemimehr v. Alberto Gonzales, Attorney Gen., of the United States of Am., 427 F.3d 1160 (8th Cir. 2005). “The BIA noted Ghasemimehr himself did not state in his motion why he fears persecution if returned to Iran or present an affidavit in support of his asylum claim, but merely presented counsel’s motion, which is not evidence, explaining very generally why Ghasemimehr fears…”
United States v. Kantengwa, 781 F.3d 545 (1st Cir. 2015). “These delays were requested by the parties to accommodate Kantengwa’s testimony as a defense witness before the International Criminal Tribunal for Rwanda ("ICTR”), to obtain and present additional evidence, and to resolve an investigation into a potential breach of Kanteng-wa's…”
Singh v. Garland, 118 F.4th 1150 (9th Cir. 2024). “Rather, the government need only comply with 8 C.F.R. § 1208.6 (a) before disclosing these documents.”
Stevens v. Holder, 950 F. Supp. 2d 1282 (N.D. Ga. 2013). “8 C.F.R. § 1208.6 (limiting disclosure of information or records in these cases without consent of the applicant or at the discretion of the Attorney General).”
Li Xiang Tang v. Gonzales, 215 F. App'x 34 (2d Cir. 2007). · cites it 3× “In her brief to this Court, Tang argues that the IJ erred by admitting her husband’s written application into evidence in the first instance because doing so violated the confidentiality provisions of 8 C.F.R. § 1208.6 . This argument is unavailing.”
Olha Lyaschynska v. U.S. Attorney Gen. (11th Cir. 2012). · cites it 4× “There are two issues on appeal: (1) whether the IJ and the BIA weighed the evidence of document authenticity in light of the totality of the circumstances when making their respective credibility determinations; and (2) whether the Investigator conducting the investigation of…”
Lavathas Muththiah v. U.S. Attorney Gen., 521 F. App'x 768 (11th Cir. 2013). · cites it 3× “8 C.F.R. § 1208.6 (2013). Muththiah argues first that the BIA made an improper finding of fact by noting that, pursuant to 8 C.”
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— 8 C.F.R. § 1208.6(a) — 1 case
Olha Lyaschynska v. U.S. Attorney Gen. (11th Cir. 2012). “There are two issues on appeal: (1) whether the IJ and the BIA weighed the evidence of document authenticity in light of the totality of the circumstances when making their respective credibility determinations; and (2) whether the Investigator conducting the investigation of…”
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