Legal Opinion
J-S-S
Board of Immigration Appeals
Decided July 1, 2015No. ID 3851PublishedCited by 7 opinions
1Opinion of the Court
Cite as
26 I&N Dec. 679
(BIA 2015) Interim Decision #3851 Matter of J-S-S-, Respondent Decided November 2, 2015 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (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…
2Cases cited13 opinions
- Thompson v. KeohaneSupreme Court of the United States · 1995
- Cooper v. OklahomaSupreme Court of the United States · 1996
- Maggio v. FulfordSupreme Court of the United States · 1983
- Rees v. PeytonSupreme Court of the United States · 1966
- M-A-MBoard of Immigration Appeals · 2011
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3Cited by7 opinions
- Henri Calderon-Rodriguez v. Jefferson SessionsCourt of Appeals for the Ninth Circuit · 2018
- Madiagne Diop v. Loretta LynchCourt of Appeals for the Fourth Circuit · 2015
- M-J-KBoard of Immigration Appeals · 2016
- Reid v. GarlandCourt of Appeals for the Second Circuit · 2024
- Jose Bermudez Guzman v. William BarrCourt of Appeals for the Ninth Circuit · 2020
2 more not listed; retrieve them via the Exa API.