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Immigration Judges Should Use Preponderance of the Evidence Standard to Determine Mental Competency

November 3, 2015 by Thomas Geygan

ImmigrationCourtBannerIn a precedent decision issued yesterday, the BIA found that neither the government nor the respondent bears a formal burden of proof in immigration proceedings to establish whether or not the respondent is mentally competent, but where indicia of incompetency are identified, the Immigration Judge (IJ) should determine if a preponderance of the evidence establishes that the respondent is competent. Further, the BIA held that an IJ’s finding of competency is a finding of fact that the BIA can review to determine if it is clearly erroneous.

Filed Under: Asylum, Deportation & Removal, Immigration Court

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