BIA Archives | Page 13 of 13 | Levin and Pangilinan PC

BIA Holds That In Immigration Proceedings, Neither Party Bears A Formal Burden Of Proof To Establish The Respondent Is Mentally Competent, But Where Indications Of Incompetency Are Apparent, The Immigration Judge Should Determine If Competency Is Proved By A Preponderance Of The Evidence, A Finding Of Fact The Board Reviews Under A Clearly Erroneous Standard.

November 5, 2015 Philip Levin

On November 2, 2015 the Board of Immigration Appeals (BIA or Board) “set forth a framework for allocation of the burden of proof for mental competency issues raised in immigration… CONTINUE

BIA Holds Immigration Judge Can Use Significant Similarities Between Claims Filed in Separate Proceedings to Make an Adverse Credibility Determination if a Three-Part Framework is Followed.

September 21, 2015 Philip Levin

BIA HOLDS IMMIGRATION JUDGE CAN USE SIGNIFICANT SIMILARITIES BETWEEN CLAIMS FILED IN SEPARATE PROCEEDINGS TO MAKE AN ADVERSE CREDIBILITY DETERMINATION IF A THREE-PART FRAMEWORK IS FOLLOWED. On September 8, 2015,… CONTINUE