8 C.F.R. § 208.12
Reliance on information compiled by other sources
(a) In deciding an asylum application, or in deciding whether the alien has a credible fear of persecution or torture pursuant to § 208.30 of this part, or a reasonable fear of persecution or torture pursuant to § 208.31, the asylum officer may rely on material provided by the Department of State, other USCIS offices, or other credible sources, such as international organizations, private voluntary agencies, news organizations, or academic institutions.
(b) Nothing in this part shall be construed to entitle the applicant to conduct discovery directed toward the records, officers, agents, or employees of the Service, the Department of Justice, or the Department of State. Persons may continue to seek documents available through a Freedom of Information Act (FOIA) request pursuant to 8 CFR part 103.
Notes of Decisions
Cited in 30
cases (3 in the last 5 years), 1989–2026 · leading case: David Wachira Ngarurih v. John D. Ashcroft, Attorney Gen. of the United States, 371 F.3d 182 (4th Cir. 2004).
David Wachira Ngarurih v. John D. Ashcroft, Attorney Gen. of the United States, 371 F.3d 182 (4th Cir. 2004). “(quoting 8 C.F.R. § 208.12 (b)(l)(iii)(emphasis added)).”
Xia Yue Chen v. Alberto R. Gonzales, Attorney Gen. of the United States, 434 F.3d 212 (3rd Cir. 2005). “Reliance on Country Reports is permitted by 8 C.F.R. §§ 208.12 and 240.69. Rapidly changing conditions may on occasions render a country report’s information inaccurate.”
Wiransane v. Ashcroft, 366 F.3d 889 (10th Cir. 2004). “6, 1988) (noting that this rule, originally proposed as 8 C.F.R. § 208.12 (a), 52 Fed.Reg. 32,552 (Aug.”
Peter Toptchev & Tania Toptcheva v. Immigr. & Naturalization Serv., 295 F.3d 714 (7th Cir. 2002). “3d at 691 ; see 8 C.F.R. § 208.12 (a). The Department’s Profile supports the IJ’s finding with respect to future persecution, e.”
S-m-j, 21 I. & N. Dec. 722 (BIA 1997). “1 (a) (1996) (stating this part shall apply to all applicants for asylum whether before an asylum officer or an Immigra- tion Judge); 8 C.F.R. § 208.12 (1996)(stating that the adjudicator may rely on information from a variety of sources ranging from the Department of State to…”
Commonwealth v. Lavrinenko, 38 N.E.3d 278 (Mass. 2015). “See 8 C.F.R. § 208.12 (a) (2011) (“asylum officer may rely on material provided by the Department of State, other [United States Citizenship and Immigration Services] offices, or other credible sources, such as international organizations, private voluntary agencies, news…”
J-j, 21 I. & N. Dec. 976 (BIA 1997). “My concurrence to our grant of the applicant’s request for a stay stated that I would allow consideration of his motion and any further proceedings appropriate under that motion.”
Tesfaye Aberra Gebremichael v. Immigr. & Naturalization Serv., 10 F.3d 28 (1st Cir. 1993). “30,674 (1990) (now codified at 8 C.F.R. § 208.12 (a) (1993)) ("Prior to the issuance of an adverse decision made in reliance upon [state department materials], that material must be identified and the applicant must be provided with an opportunity to inspect, explain, and rebut…”
Gailius v. Immigr. & Naturalization Serv., 147 F.3d 34 (1st Cir. 1998). “8 C.F.R. § 208.12 (b) (1997) (asylum regulations do not create a right to "conduct discovery directed towards the records, officers, agents or employees of the .”
Svetlana Galina & Viatcheslav Galin v. Immigr. & Naturalization Serv., 213 F.3d 955 (7th Cir. 2000). “In fact they aren’t facts at all, but either summaries of Latvian laws (or other official pronouncements) or State Department statements of opinion the precise meaning and factual basis of which are obscure, such as that Latvia had a “free and fair” parliamentary election in…”
United States v. Aguilar, 883 F.2d 662 (9th Cir. 1989). “Even a successful asylum applicant remains subject to criminal prosecution for previous immigration law violations, such as failing to have been duly admitted to the United States pursuant to section 1325.”
E-p, 21 I. & N. Dec. 860 (BIA 1997). “337 (BIA 1996); 8 C.F.R. § 208.12 (1996); INS, U.S. Dept.”
— 8 C.F.R. § 208.12(c)(4) — 1 case
Perez (W.D. Ky. 2026).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.