Legal Opinions - U.S. 4th Circuit Court of Appeals: August 25, 2008

Daily Record, The (Baltimore), Aug 25, 2008

The Board of Immigration Appeals affirmed the immigration judge's decision.

Anim appealed to the 4th Circuit, which vacated and remanded.

LAW: 8 C.F.R. [section]208.6 provides that "information contained in or pertaining to any asylum application...shall not be disclosed without the written consent of the applicant." If an asylum applicant's confidentiality has been breached, in violation of 8 C.F.R. [section]208.6, the applicant must be given the opportunity to establish a new claim for asylum.

Here, the overseas fraud investigator disclosed the convocations to a Cameroon government official in violation of the regulation. The Bunton letter stated that the investigator was not aware that the questions pertained to an asylum claim. It also indicated that the investigator did not know that he or she was required by regulation to protect Anim's identity, contrary to DHS guidelines.

The Bunton letter allowed the reasonable inference that the investigator showed the Cameroon official the convocations containing Anim's name. The disclosure of the convocations enabled the Cameroon official to link Anim's identity to facts or allegations that were sufficient to give rise to a reasonable inference that she applied for asylum.

The possession of the convocations by an investigator associated with the U.S. Embassy -- an investigator attempting to ascertain their authenticity -- supported the inference that Anim was in contact with the United States government.

Anim established that her right to confidentiality under 8 C.F.R. [section]208.6 was violated. The Court remanded the case to allow Anim to pursue a new claim for asylum based upon the investigation of the convocations.