Matter of M-J-K-, 26 I&N Dec. 773 (BIA 2016) - Mental Competency and Safeguards
New precedent BIA decision expands on Matter of M-A-M-, 25 I&N Dec. 474 (BIA 2011).
Matter of M-J-K-, 26 I&N Dec. 773 (BIA 2016)
ISSUE: In cases involving issues of mental competency, an Immigration Judge has the discretion to select and implement appropriate safeguards, which the Board of Immigration Appeals reviews de novo.
ORDER: The record is remanded to the Immigration Court for further proceedings consistent with the foregoing opinion and for the entry of a new decision.