Home Immigration Blog BIA Issues Precedent Decision Regarding Mental Competency Safeguards in Immigration Proceedings

BIA Issues Precedent Decision Regarding Mental Competency Safeguards in Immigration Proceedings

· August 1, 2016

In the Matter of M-J-K-, 26 I&N Dec. 773 (BIA 2016), the Board of Immigration Appeals (BIA) held that an immigration judge has the discretion to select and implement appropriate safeguards in immigration proceedings when there are issues involving the mental competency of the alien. The BIA may review this de novo.

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