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Court Finds BIA Abused Its Discretion in Mental Competency Evaluation

In Calderon-Rodriguez v. Sessions, the Ninth Circuit granted the petition for review, finding that the BIA abused its discretion in affirming the immigration judge’s evaluation of the respondent’s mental competency by failing to recognize that the medical record relied upon was nearly a year old and by departing from the standards set out for competency determinations in Matter of M-A-M-.

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