Henri Calderon-Rodriguez v. Jefferson Sessions

OPINION

BERZON, Circuit Judge:

This case concerns an individual’s right to a competence evaluation if there are indicia of his or her incompetence present during immigration proceedings. In particular, we consider the Department of Homeland Security’s (“DHS”) obligation to provide the Immigration Judge (“IJ”) with relevant evidence with regard to that individual’s competence.

I

Petitioner Henri Calderon-Rodriguez (“Calderon”), who has been detained since 2012, petitions for review of the Board of Immigration Appeal’s (“BIA”) dismissal of his appeal, arguing that his competence was inappropriately…