8 C.F.R. § 208.6

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 Secretary.

(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.

(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 § 208.30 or § 208.31;

(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 § 208.30 or § 208.31; 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) of 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 regulations issued pursuant to the Convention Against Torture's implementing legislation, 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 and officers 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 80386, Dec. 11, 2020]

Notes of Decisions

Cited in 130 cases (41 in the last 5 years), 1982–2026 · leading case: Corovic v. Mukasey, 519 F.3d 90 (2d Cir. 2008).

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Corovic v. Mukasey, 519 F.3d 90 (2d Cir. 2008). · cites it 8× “tend that the IJ’s adverse credibility finding is not supported by substantial evidence because (1) the submission of two allegedly fraudulent documents is insufficient, standing alone, to support an adverse credibility determination; (2) certain evidence should have been…”

Zhen Nan Lin v. United States Dep't of Just., 459 F.3d 255 (2d Cir. 2006). · cites it 10× “We agree that the government violated the confidentiality guarantee of 8 C.F.R. § 208.6 . We further *259 conclude that the BIA’s adverse credibility finding was not supported by substantial evidence as it was based on the unreliable Consular Report.”

Anim v. Mukasey, 535 F.3d 243 (4th Cir. 2008). · cites it 7× “First, Anim claims that the letter establishes that her right to a confidential asylum application was breached during the course of the overseas investigation, in violation of 8 C.F.R. § 208.6 . Second, Anim claims that the IJ’s reliance on the letter, which lacks any…”

Sylvester Owino v. Eric Holder, Jr., 771 F.3d 527 (9th Cir. 2014). · cites it 10× “See 8 C.F.R. § 208.6 ; U.S. Citizenship and Immigration Servs.”

Kingsley Dayo v. Eric Holder, Jr., 687 F.3d 653 (5th Cir. 2012). · cites it 3× “Dayo then raised, in the BIA a new argument for asylum based on a breach of *656 confidentiality in violation of 8 C.F.R. § 208.6 . Because this circuit has never addressed the issue of what relief is due for such a breach, the BIA followed the Second and Fourth Circuits and…”

Angov v. Holder, 788 F.3d 893 (9th Cir. 2013). · cites it 4× “In considering Angov’s argument, 2 8 C.F.R. § 208.6 (a) provides that “[i]nformation contained in or pertaining to any asylum application .”

Rafiyev v. Mukasey, 536 F.3d 853 (8th Cir. 2008). · cites it 4× “See 8 C.F.R. § 208.6 . As such, the IJ implicitly rejected any contention by Rafi-yev that a violation of the confidentiality provisions provided a new and independent basis for asylum.”

Averianova v. Mukasey, 509 F.3d 890 (8th Cir. 2007). · cites it 3× “The Averianovas contended that confidential information had been revealed in the course of the investigation in violation of 8 C.F.R. § 208.6 , which generally prohibits disclosing information submitted in an asylum application unless the applicant gives written consent.”

Igor Bondarenko v. Eric H. Holder Jr., 733 F.3d 899 (9th Cir. 2013). · cites it 3× “USCIS Moscow is aware of the confidentiality requirements of 8 C.F.R. § 208.6 , and did not reveal or imply the existence of an asylum application on the part of any alien in this investigation.”

Voces de la Frontera, Inc. v. David A. Clarke, Jr., 2017 WI 16 (Wis. 2017). · cites it 2× “See 8 CFR § 208.6 (a). Contrary to some of the commenters' suggestions, the fact that certain detainees may wish to publicly identify themselves, which they are free to do, in no way undermines this assessment.”

Immigr. & Naturalization Serv. v. Abudu, 485 U.S. 94 (1988). “See 8 CFR §§ 208.6 (1987) (requiring appearance before immigration officer for asylum application) and 208.”

Gulnara Gafurova v. Matthew Whitaker, 911 F.3d 321 (6th Cir. 2018). · cites it 2× “We note that Gafurova has not challenged the Board's underlying conclusion that the Second Circuit did not breach her right to have her asylum application information remain confidential under *328 8 C.F.R. §§ 208.6 , 1208.6 3 by publishing her petition for review and in turn,…”

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