E-S-I

Citations

• 26 I. & N. Dec. 136

Syllabus

E-S-I-, 26 I&N Dec. 136 (BIA 2013) ID 3784 (PDF) (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 resides, who, when the respondent is detained in a penal or mental institution, will be someone in a position of demonstrated authority in the institution or his or her delegate and, when the respondent is not detained, will be a responsible party in the household, if available (2) whenever applicable or possible, a relative, guardian, or person similarly close to the respondent and (3) in most cases, the respondent. (2) If the DHS did not properly serve the respondent where indicia of incompetency were either manifest or arose at a master calendar hearing that was held shortly after service of the notice to appear, the Immigration Judge should grant a continuance to give the DHS time to effect proper service. (3) If indicia of incompetency become manifest at a later point in the proceedings and the Immigration Judge determines that safeguards are needed, he or she shouldevaluate the benefit of re-serving the notice to appear in accordance with 8 C.F.R. §§ 103.8(c)(2)(i) and (ii) (2013) as a safeguard.