(a) U.S. Citizenship and Immigration Services (USCIS) may request, at its discretion, specific comments from the Department of State regarding individual cases or types of claims under consideration, or such other information as USCIS deems appropriate.
(b) With respect to any asylum application, the Department of State may provide, at its discretion, to USCIS:
(1) Detailed country conditions information relevant to eligibility for asylum or withholding of removal;
(2) An assessment of the accuracy of the applicant's assertions about conditions in his or her country of nationality or habitual residence and his or her particular situation;
(3) Information about whether persons who are similarly situated to the applicant are persecuted or tortured in the applicant's country of nationality or habitual residence and the frequency of such persecution or torture; or
(4) Such other information as it deems relevant.
(c) Any comments received pursuant to paragraph (b) of this section shall be made part of the record. Unless the comments are classified under the applicable Executive Order, the applicant shall be provided an opportunity to review and respond to such comments prior to the issuance of any decision to deny the application.
[74 FR 15369, Apr. 6, 2009]
Notes of Decisions
Immigr. & Naturalization Serv. v. Doherty, 502 U.S. 314 (1992).
· cites it 11× “The Attorney General's reasoning as to respondent's waiver of his claims is the functional equivalent of a conclusion under 8 CFR § 208.11 (1987) that respondent has not reasonably explained his failure to pursue his asylum claim at the first hearing.”
Immigr. & Naturalization Serv. v. Abudu, 485 U.S. 94 (1988).
· cites it 6× “8 CFR § 208.11 . . . . Nor will reopening be granted unless the evidence sought to be offered is material, was not available, and could not have been discovered or presented at *98 the time of the original hearing.”
Farid Faham Gamal Ghaly v. Immigr. & Naturalization Serv., 58 F.3d 1425 (9th Cir. 1995).
· cites it 5× “” 8 C.F.R. § 208.11 (a) (1990). If the Bureau chooses to comment on the application, it may, but is not required to, provide certain particularized information such as: “(1) [a]n assessment of the accuracy of the applicant’s assertions about conditions in his country of…”
Dori Zardui-Quintana v. Louis M. Richard, 768 F.2d 1213 (11th Cir. 1985).
· cites it 7× “In an effort to prevent deportation, petitioners filed, pursuant to 8 C.F.R. § 208.11 (1985), individual motions to reopen their exclusion proceedings, with either an immigration judge or the BIA, in which they argued that they were entitled to asylum in the United States or…”
S-m-j, 21 I. & N. Dec. 722 (BIA 1997).
· cites it 4× “” 8 C.F.R. § 208.11 (a) (1996). Moreover, in order to fully explain the reasons for the decision, the Immi- gration Judge should consider background evidence.”
Rene Carvajal-Munoz v. Immigr. & Naturalization Serv., 743 F.2d 562 (7th Cir. 1984).
· cites it 3× “That an alien has previously applied for asylum does not preclude the alien from requesting a withholding of exclusion or deportation, see 8 C.F.R. § 208.11 (1984); indeed, the regulations provide that applications filed with the immigration court after the exclusion or…”
Angov v. Holder, 788 F.3d 893 (9th Cir. 2013).
· cites it 2× “See 8 C.F.R. § 208.11 . The investigation was conducted by our consulate in Sofia, and the results were summarized in a letter signed by Cynthia Bunton, Director of Department of State’s Office of Country Reports and Asylum Affairs.”
Immigr. & Naturalization Serv. v. Stevic, 467 U.S. 407 (1984).
“See 8 CFR §208.11 (1983). 19 The term “clear probability” was used interchangeably with “likelihood”; the use of the word “clear” appears to have been surplusage.”
Hamid Bahramnia v. United States Immigr. & Naturalization Serv., 782 F.2d 1243 (5th Cir. 1986).
· cites it 4× “8(a) (1985), must also “reasonably explain the failure to request asylum prior to the completion of the exclusion or deportation proceeding,” a criterion imposed by 8 C.F.R. § 208.11 (1985). This is an additional requirement to the establishment of a prima facie case of…”
Escobar, 18 I. & N. Dec. 412 (BIA 1983).
· cites it 3× “See 8 C.F.R. 208.11. The motion will be denied and the appeal dismissed.”
— 8 C.F.R. § 208.11(c) — 1 case
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