M-A-M

Citations

• 25 I. & N. Dec. 474

Syllabus

M-A-M-, 25 I&N Dec. 474 (BIA 2011) ID 3711 (PDF) (1) Aliens in immigration proceedings are presumed to be competent and, if there are no indicia of incompetency in a case, no further inquiry regarding competency is required. (2) The test for determining whether an alien is competent to participate in immigration proceedings is whether he or she has a rational and factual understanding of the nature and object of the proceedings, can consult with the attorney or representative if there is one, and has a reasonable opportunity to examine and present evidence and cross-examine witnesses. (3) If there are indicia of incompetency, the Immigration Judge must make further inquiry to determine whether the alien is competent for purposes of immigration proceedings. (4) If the alien lacks sufficient competency to proceed, the Immigration Judge will evaluate appropriate safeguards. (5) Immigration Judges must articulate the rationale for their decisions regarding competency issues.