Competency To Participate in Immigration Proceedings


The competency standard explores whether the respondent has:

  1. Rational and factual understanding of:
  • The nature and object of the proceedings
  • The right to present, examine, and object to evidence
  • The right to cross-examine witnesses
  • The right to appeal


   2. Sufficient present ability to:

  •  Exercise the rights listed above
  • Make informed decisions about whether to waive the rights listed above
  • Respond to the allegations in the proceedings
  • Present information and evidence relevant to eligibility for relief
  • Act upon instructions and information presented by the immigration judge and government counsel