[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: 8CFR208.6]



[Page 145]

 

                     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. 208.6  Disclosure to third parties.



    (a) Information contained in or pertaining to any asylum 

application, records pertaining to any credible fear determination 

conducted pursuant to Sec. 208.30, and records pertaining to any 

reasonable fear determination conducted pursuant to Sec. 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 the Service and the 

Executive Office for Immigration Review that indicate that a specific 

alien has applied for asylum, received a credible fear or reasonable 

fear interview, or received a credible fear or reasonable fear review 

shall also be protected from disclosure. The Service 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 Sec. 208.30 

or Sec. 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 Sec. 208.30 or Sec. 208.31; or

    (ii) Arising from the proceedings of which the asylum application, 

credible fear determination, or reasonable fear determination is a part.



[65 FR 76133, Dec. 6, 2000]