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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.

Read the full BIA Decision here.

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