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 counsel.

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