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· 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 CourtListener

Sourced 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.