Matter of E-S-I-, 26 I&N Dec. 136 (BIA 2013): (1) Where the indicia of a respondent’s incompetency are manifest, the Department of Homeland Security (“DHS”) should serve the notice to appear on three individuals: (1) a person with whom the respondent...
Competency
Finally a Published Decision on Competency!
We have been complaining about remands for competency hearings without any guidance on how competency is supposed to be determined. Apparently, the BIA heard our complaints, because the precedent opinion issued today finally addresses this question. Sadly,...
Immigration Court Still Lacks Clear Rules for Competency Hearings
[May 2011 Update: two months after this post the BIA published a very helpful case outlining the protocol for competency hearings.] As we previously wrote on competency hearings in Immigration Court, the BIA continues to remand cases for the Immigration Courts to hold...
Competency Hearings in Immigration Court: the Lack of Guidance is Glaring
[Update May 2011: two months after this post the BIA published helpful guidance on what is required for a competency hearing in Matter of M-A-M-] The BIA has been remanding cases to the Immigration Courts recently for the Immigration Judge to conduct a competency...