· 12/2/2015
Madiagne Diop v. Loretta Lynch
Citations
- 807 F.3d 70
- 2015 U.S. App. LEXIS 20878
- 2015 WL 7752961
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that an applicant “must prove both” that the alleged defect rendered the proceeding fundamentally unfair and that the defect prejudiced the case
- explaining that IJs have “high degree of flexibility and discretion” in testing competency under M-A-M-
- \Inherent in this process is a high degree of flexibility and discretion for the fact-finder to tailor his approach to the case at hand.\
- “[A] single snapshot of mental health concerns taken ten months earlier can hardly represent [his] state of mind when he arrived in immigration court.”
- “The IJ’s factual 6 finding of competency is reviewed under the substantial 7 evidence standard . . . .”
- “While past mental history can certainly bear on competency, it is by no means dispositive.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkinson, Keenan, Thacker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.