J-S-S

Citations

• 26 I. & N. Dec. 679

Syllabus

(1) Neither party 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 should determine if a preponderance of the evidence establishes that the respondent is competent. (2) An Immigration Judge's finding of competency is a finding of fact that the Board of Immigration Appeals reviews to determine if it is clearly erroneous.