Mejia v. Sessions

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Pursuant to In re M-A-M-, 25 I. & N. Dec. 474, 480 (B.I.A. 2011), if an applicant shows indicia of incompetency, the IJ has an independent duty to determine whether the applicant is competent. In this case, petitioner sought review of the BIA's dismissal of his appeal from the IJ's denial of his claims for asylum, withholding of removal, and relief under the Convention Against Torture. The Ninth Circuit granted the petition, holding that the IJ erred by failing to determine whether procedural safeguards were required after petitioner showed signs of mental incompetency. Furthermore, the BIA abused its discretion by failing to explain why it allowed the IJ to disregard In re M-A-M-'s rigorous procedural requirements. The panel remanded to the BIA with instructions to remand to the IJ for a new hearing consistent with In re M-A-M-. View "Mejia v. Sessions" on Justia Law