Mental Health / Disability-Based PSGs

29 I&N Dec. 634 (BIA 2026) · 2026

(1) 'Mexican men with Schizoaffective Disorder,' defined only by such diagnosis, is not cognizable as a PSG. (2) A series of speculative occurrences that also lack evidence of persecutory intent is insufficient to demonstrate a well-founded fear of persecution.

Mental health diagnoses, standing alone, do not define a cognizable PSG. A group must have social distinction — not merely a shared medical condition — and must be socially recognized as a distinct group in the relevant society.

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.