Procedure & Standard of Review

29 I&N Dec. 708 (BIA 2026) · 2026

The fact that a respondent is granted withholding of removal is an important consideration in whether the respondent may be denied asylum as a matter of discretion based on weighing favorable and adverse factors. The mitigating impact a grant of withholding has on the risk of future persecution must be considered. Matter of Kasinga and Matter of H- distinguished.

An IJ who grants withholding must account for that protection when exercising discretion to deny asylum — the risk of persecution is reduced, which weighs in favor of asylum.

29 I&N Dec. 726 (BIA 2026) · 2026

(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.

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.