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.

Latest news

Asylum For Refusal to Serve in Internationally Condemned Military

February 10, 2025

Opposition to compulsory military service does not ordinarily qualify an alien for asylum. However, an alien who opposes serving in a military condemned by the international community for inhuman conduct may have a colorable asylum claim.

USCIS Pauses Acceptance of I-134A

February 4, 2025

On January 28, 2025, the USCIS paused acceptance of the Form I-134A, Online Reques to be a Supporter and Declaration of Financial Support, while it reviews various parole programs.

USCIS Waives COVID-19 Vaccination Requirement for AOS

January 27, 2025

On January 22, 2025, the USCIS waived the COVID-19 vaccination requirement for adjustment of status applicants.

Want to schedule a consultation?

You can schedule a consultation with us on Skype, over the phone, or in person by using our “Online Consultation” form. Our fee is only $260 per up to 45 minutes for all consultations regardless of the topic.

Contact Information

27 Whitehall Street, 5th Fl New York, NY. 10004

Phone: (212) 202-0342

Fax: (212) 964-0440

Attorney Advertising: prior results do not guarantee similar outcomes.

myattorneyusa.com is owned and operated by The Law Offices of Grinberg & Segal, PLLC (Grinberg & Segal). The content of myattorneyusa.com is copyrighted. Grinberg & Segal is a NYC immigration law firm that consists of highly experienced immigration lawyers licensed to practice state law in New York and New Jersey and U.S. federal law worldwide. Grinberg & Segal’s  New York-based immigration, deportation and removal lawyers represent immigrant clients in all fifty states and before U.S. Consulates anywhere in the world. Grinberg and Segal’s immigration lawyers are highly skilled and experienced in all areas of immigration law and related federal litigation including Writs of Mandamus and Habeas Corpus as well as APA Action in Federal District Courts, Petitions For Review in U.S. Circuit Courts and all administrative appeals Before the Board of Immigration Appeals (BIA) of the Executive Office for Immigration Review; Administrative Appeals Office (AAO) at the U.S. Department of Homeland Security (DHS) as well as before Immigration Courts nationwide. This website utilizes an automated translation tool to provide content in multiple languages for your convenience. Please note that translations may contain inaccuracies or may not fully reflect the original content. For the most accurate and up-to-date information, we encourage you to contact our immigration lawyers directly.