8 CFR 1208.6
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 8 CFR 1208.6 | status: Basic | banner: CUI.
- DoD authority row: 8 CFR 1208.6. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 8 CFR 1208.6 | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- section 204 of the Act may revoke the
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Related to refugee applications and associated hearings to grant asylum to foreign nationals in the United States to be recognized as asylees.
- DoD category scope used with this authority: Related to refugee applications and associated hearings to grant asylum to foreign nationals in the United States to be recognized as asylees.
- 8 CFR 1208.6 | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to refugee applications and associated hearings to grant asylum to foreign nationals in the United States to be recognized as asylees.
- Extracted authority condition: (f) The asylum application, all sup- porting information provided by the applicant, any comments submitted by the Department of State or by the Service, and any other information specific to the applicant’s case and considered by the asylum officer shall comprise the record.
- Extracted authority condition: (a) Information contained in or per- taining to any asylum application, records pertaining to any credible fear determination conducted pursuant to § 1208.30, and records pertaining to any reasonable fear determination con- ducted pursuant to § 1208.31, shall not be disclosed without the written con- sent of the applicant, except as per- mitted by this section or at the discre- tion of the Attorney General.
- Extracted authority condition: When an alien in the cus- tody of DHS requests asylum or with- holding of removal, or expresses a fear of persecution or harm upon return to his or her country of origin or to agents thereof, DHS shall make avail- able the appropriate application forms and shall provide the applicant with the information required by section 208(d)(4) of the Act, except in the case of an alien who is in custody pending a credible fear determination under 8 CFR 1208.30 or a reasonable fear deter- mination pursuant to 8 CFR 1208.31.
- Extracted authority condition: (b) The confidentiality of other records kept by the Service and the Ex- ecutive Office for Immigration Review that indicate that a specific alien has applied for asylum, received a credible fear or reasonable fear interview, or re- ceived a credible fear or reasonable fear review shall also be protected from disclosure.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic
- Nara authority rows: 8 CFR 1208.6 | status: Basic | banner: CUI || 8 CFR 208.6 | status: Basic | banner: CUI
- Nara banner markings: CUI
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: (b) The confidentiality of other records kept by the Service and the Ex- ecutive Office for Immigration Review that indicate that a specific alien has applied for asylum, received a credible fear or reasonable fear interview, or re- ceived a credible fear or reasonable fear review shall also be protected from disclosure.
- Extracted authority control: If an alien entitled to such protection is subject to manda- tory denial of withholding of removal under paragraphs (d)(2) or (d)(3) of this section, the alien’s removal shall be de- ferred under § 1208.17(a).
- Extracted authority control: An alien who: has been ordered removed; has been found under § 1208.16(c)(3) to be entitled to protection under the Convention Against Torture; and is subject to the provisions for manda- tory denial of withholding of removal under § 1208.16(d)(2) or (d)(3), shall be granted deferral of removal to the country where he or she is more likely than not to be tortured.
- Extracted authority control: 907 Executive Office for Immigration Review, Justice § 1208.3 (viii) An alien who was admitted to Guam or the Commonwealth of the Northern Mariana Islands pursuant to the Guam-CNMI Visa Waiver Program under section 212(l) of the Act and has remained longer than authorized or has otherwise violated his or her immigra- tion status, except that if such an alien was admitted to the Commonwealth of the Northern Mariana Islands, then he or she shall not be eligible for asylum in the Commonwealth of the Northern Mariana Islands prior to January 1, 2015.
- Extracted authority control: (C) The notice shall inform an alien who is under an administrative order of removal issued by the Service under section 235(c) of the Act that the alien’s claim to protection under the Convention Against Torture will be de- cided by the Service as provided in § 1208.18(d) and 1235.8(b)(4) and will not be considered under the provisions of this part relating to consideration or review by an immigration judge, the Board of Immigration Appeals, or an asylum officer.
- Extracted authority control: An application returned to the appli- cant as incomplete shall be resub- mitted by the applicant with the addi- tional information if he or she wishes to have the application considered; (4) Knowing placement of false infor- mation on the application may subject the person placing that information on the application to criminal penalties under title 18 of the United States Code and to civil or criminal penalties under section 274C of the Act; and (5) Knowingly filing a frivolous appli- cation on or after April 1, 1997, so long as the applicant has received the notice required by section 208(d)(4) of the Act, shall render the applicant permanently ineligible for any benefits under the Act pursuant to § 1208.20. [62 FR 10337, Mar. 6, 1997, as amended at 65 FR 76131, Dec. 6, 2000] § 1208.4 Filing the application.
- Extracted authority control: Law- ful sanctions include judicially im- posed sanctions and other enforcement actions authorized by law, including the death penalty, but do not include sanctions that defeat the object and purpose of the Convention Against Tor- ture to prohibit torture.
Authority excerpts
Most relevant extracted authority passage
(b) The confidentiality of other records kept by the Service and the Ex- ecutive Office for Immigration Review that indicate that a specific alien has applied for asylum, received a credible fear or reasonable fear interview, or re- ceived a credible fear or reasonable fear review shall also be protected from disclosure.
Extracted authority passage 2
If an alien entitled to such protection is subject to manda- tory denial of withholding of removal under paragraphs (d)(2) or (d)(3) of this section, the alien’s removal shall be de- ferred under § 1208.17(a).
Extracted authority passage 3
An alien who: has been ordered removed; has been found under § 1208.16(c)(3) to be entitled to protection under the Convention Against Torture; and is subject to the provisions for manda- tory denial of withholding of removal under § 1208.16(d)(2) or (d)(3), shall be granted deferral of removal to the country where he or she is more likely than not to be tortured.
Extracted authority passage 4
907 Executive Office for Immigration Review, Justice § 1208.3 (viii) An alien who was admitted to Guam or the Commonwealth of the Northern Mariana Islands pursuant to the Guam-CNMI Visa Waiver Program under section 212(l) of the Act and has remained longer than authorized or has otherwise violated his or her immigra- tion status, except that if such an alien was admitted to the Commonwealth of the Northern Mariana Islands, then he or she shall not be eligible for asylum in the Commonwealth of the Northern Mariana Islands prior to January 1, 2015.
Extracted authority passage 5
(C) The notice shall inform an alien who is under an administrative order of removal issued by the Service under section 235(c) of the Act that the alien’s claim to protection under the Convention Against Torture will be de- cided by the Service as provided in § 1208.18(d) and 1235.8(b)(4) and will not be considered under the provisions of this part relating to consideration or review by an immigration judge, the Board of Immigration Appeals, or an asylum officer.
Extracted authority passage 6
(f) The asylum application, all sup- porting information provided by the applicant, any comments submitted by the Department of State or by the Service, and any other information specific to the applicant’s case and considered by the asylum officer shall comprise the record.
8 CFR 208.6
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 8 CFR 208.6 | status: Basic | banner: CUI.
- DoD authority row: 8 CFR 208.6. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 8 CFR 208.6 | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- Department of Homeland Security Pt. 208
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Related to refugee applications and associated hearings to grant asylum to foreign nationals in the United States to be recognized as asylees.
- DoD category scope used with this authority: Related to refugee applications and associated hearings to grant asylum to foreign nationals in the United States to be recognized as asylees.
- 8 CFR 208.6 | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to refugee applications and associated hearings to grant asylum to foreign nationals in the United States to be recognized as asylees.
- Extracted authority condition: (f) The asylum application, all sup- porting information provided by the applicant, any comments submitted by the Department of State or by the Service, and any other information specific to the applicant’s case and considered by the asylum officer shall comprise the record.
- Extracted authority condition: (a) Information contained in or per- taining to any asylum application, records pertaining to any credible fear determination conducted pursuant to § 208.30, and records pertaining to any reasonable fear determination con- ducted 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 Attorney General.
- Extracted authority condition: When an alien in the cus- tody of DHS requests asylum or with- holding of removal, or expresses a fear of persecution or harm upon return to his or her country of origin or to agents thereof, DHS shall make avail- able the appropriate application forms and shall provide the applicant with the information required by section 208(d)(4) of the Act, except in the case of an alien who is in custody pending a credible fear determination under 8 CFR 208.30 or a reasonable fear deter- mination pursuant to 8 CFR 208.31.
- Extracted authority condition: (b) The confidentiality of other records kept by the Service and the Ex- ecutive Office for Immigration Review that indicate that a specific alien has applied for asylum, received a credible fear or reasonable fear interview, or re- ceived a credible fear or reasonable fear review shall also be protected from disclosure.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic
- Nara authority rows: 8 CFR 1208.6 | status: Basic | banner: CUI || 8 CFR 208.6 | status: Basic | banner: CUI
- Nara banner markings: CUI
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: (b) The confidentiality of other records kept by the Service and the Ex- ecutive Office for Immigration Review that indicate that a specific alien has applied for asylum, received a credible fear or reasonable fear interview, or re- ceived a credible fear or reasonable fear review shall also be protected from disclosure.
- Extracted authority control: If an alien entitled to such protection is subject to manda- tory denial of withholding of removal under paragraphs (d)(2) or (d)(3) of this section, the alien’s removal shall be de- ferred under § 208.17(a).
- Extracted authority control: An alien who: has been ordered removed; has been found under § 208.16(c)(3) to be entitled to protection under the Con- vention Against Torture; and is subject to the provisions for mandatory denial of withholding of removal under § 208.16(d)(2) or (d)(3), shall be granted deferral of removal to the country where he or she is more likely than not to be tortured.
- Extracted authority control: Citizen- ship and Immigration Services, the Ex- ecutive Office for Immigration Review, or on appeal in federal court in the United States; (D) Is unmarried, under 18 years of age, and does not have a parent or legal guardian in either Canada or the United States; (E) Arrived in the United States with a validly issued visa or other valid ad- mission document, other than for tran- sit, issued by the United States to the alien, or, being required to hold a visa to enter Canada, was not required to obtain a visa to enter the United States; or (F) The Director of USCIS, or the Di- rector’s designee, determines, in the exercise of unreviewable discretion, that it is in the public interest to allow the alien to pursue a claim for asylum, withholding of removal, or protection under the Convention Against Torture, in the United States.
- Extracted authority control: (C) The notice shall inform an alien who is under an administrative order of removal issued by the Service under section 235(c) of the Act that the alien’s claim to protection under the Convention Against Torture will be de- cided by the Service as provided in § 208.18(d) and 235.8(b)(4) and will not be considered under the provisions of this part relating to consideration or re- view by an immigration judge, the Board of Immigration Appeals, or an asylum officer.
- Extracted authority control: An application returned to the appli- cant as incomplete shall be resub- mitted by the applicant with the addi- tional information if he or she wishes to have the application considered; (4) Knowing placement of false infor- mation on the application may subject the person placing that information on the application to criminal penalties under title 18 of the United States Code and to civil or criminal penalties under section 274C of the Act; and (5) Knowingly filing a frivolous appli- cation on or after April 1, 1997, so long as the applicant has received the notice required by section 208(d)(4) of the Act, shall render the applicant permanently ineligible for any benefits under the Act pursuant to § 208.20. [62 FR 10337, Mar. 6, 1997, as amended at 65 FR 76131, Dec. 6, 2000] § 208.4 Filing the application.
- Extracted authority control: Law- ful sanctions include judicially im- posed sanctions and other enforcement actions authorized by law, including the death penalty, but do not include sanctions that defeat the object and purpose of the Convention Against Tor- ture to prohibit torture.
Authority excerpts
Most relevant extracted authority passage
(b) The confidentiality of other records kept by the Service and the Ex- ecutive Office for Immigration Review that indicate that a specific alien has applied for asylum, received a credible fear or reasonable fear interview, or re- ceived a credible fear or reasonable fear review shall also be protected from disclosure.
Extracted authority passage 2
If an alien entitled to such protection is subject to manda- tory denial of withholding of removal under paragraphs (d)(2) or (d)(3) of this section, the alien’s removal shall be de- ferred under § 208.17(a).
Extracted authority passage 3
An alien who: has been ordered removed; has been found under § 208.16(c)(3) to be entitled to protection under the Con- vention Against Torture; and is subject to the provisions for mandatory denial of withholding of removal under § 208.16(d)(2) or (d)(3), shall be granted deferral of removal to the country where he or she is more likely than not to be tortured.
Extracted authority passage 4
Citizen- ship and Immigration Services, the Ex- ecutive Office for Immigration Review, or on appeal in federal court in the United States; (D) Is unmarried, under 18 years of age, and does not have a parent or legal guardian in either Canada or the United States; (E) Arrived in the United States with a validly issued visa or other valid ad- mission document, other than for tran- sit, issued by the United States to the alien, or, being required to hold a visa to enter Canada, was not required to obtain a visa to enter the United States; or (F) The Director of USCIS, or the Di- rector’s designee, determines, in the exercise of unreviewable discretion, that it is in the public interest to allow the alien to pursue a claim for asylum, withholding of removal, or protection under the Convention Against Torture, in the United States.
Extracted authority passage 5
(C) The notice shall inform an alien who is under an administrative order of removal issued by the Service under section 235(c) of the Act that the alien’s claim to protection under the Convention Against Torture will be de- cided by the Service as provided in § 208.18(d) and 235.8(b)(4) and will not be considered under the provisions of this part relating to consideration or re- view by an immigration judge, the Board of Immigration Appeals, or an asylum officer.
Extracted authority passage 6
(f) The asylum application, all sup- porting information provided by the applicant, any comments submitted by the Department of State or by the Service, and any other information specific to the applicant’s case and considered by the asylum officer shall comprise the record.