Matter of C-L-R-
29 I&N Dec. 726 (BIA 2026)
2026
Holding
(1) Respondent found incompetent for withholding-only proceedings who was appointed a qualified representative was provided adequate safeguards for fair proceedings. (2) IJ properly found the mental health-based PSG not established where evidence did not show a particularized risk of future persecution based on the mental health condition.
Practitioner Note
Addresses both competency safeguards and the substantive standards for mental health-based PSG claims. Appointment of a qualified representative satisfies due process for incompetent respondents.
This summary describes what the tribunal held. Always verify the citation and read the full decision before relying on it. Case law changes — confirm this decision has not been overruled, limited, or superseded. Not legal advice.