[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR208.11]



[Page 148]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 208_PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL--Table of 

Contents

 

               Subpart A_Asylum and Withholding of Removal

 

Sec. 208.11  Comments from the Department of State.



    (a) The Service shall forward to the Department of State a copy of 

each completed application it receives. At its option, the Department of 

State may provide detailed country conditions information relevant to 

eligibility for asylum or withholding of removal.

    (b) At its option, the Department of State may also provide:

    (1) 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;

    (2) Information about whether persons who are similarly situated to 

the applicant are persecuted or tortured in his or her country of 

nationality or habitual residence and the frequency of such persecution 

or torture; or

    (3) Such other information as it deems relevant.

    (c) Asylum officers and immigration judges may request specific 

comments from the Department of State regarding individual cases or 

types of claims under consideration, or such other information as they 

deem appropriate.

    (d) Any such comments received pursuant to paragraphs (b) and (c) 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.



[62 FR 10337, Mar. 6, 1997, as amended at 64 FR 8488, Feb. 19, 1999]