A new practice advisory on working with clients with mental competency issues has been released by the American Immigration Council's Legal Action Center (LAC) in collaboration with The University of Houston Law Center Immigration Clinic.
In May, the Board of Immigration Appeals (BIA) issued a precedent decision in Matter of M-A-M. The respondent was represented by the University through CLINIC’s BIA Pro Bono Representation Project. The decision set forth a framework for immigration judges to follow in cases involving individuals with mental competency issues.
The LAC's practice advisory provides a detailed analysis of that decision - the first published decision from the BIA in nearly fifty years to provide substantive guidance on hearings involving respondents with mental disorders - and offers strategic advice on how to address issues that may arise in the context of representing such individuals.