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Immigration Law

Matter of B-Z-R-, 28 I&N Dec. 563 (A.G. 2022)(Garland Overrules G-G-S-)

Matter of B-Z-R-, 28 I&N Dec. 563 (A.G. 2022)

(1) Matter of G-G-S-, 26 I&N Dec. 339 (BIA 2014), is overruled.

(2) Immigration adjudicators may consider a respondent’s mental health in determining whether an individual, “having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States.” 8 U.S.C. § 1158(b)(2)(A)(ii); see id § 1231(b)(3)(B)(ii).

"On December 9, 2021, I directed the Board to refer this case for my review, see 8 C.F.R. § 1003.1(h)(1)(i), and invited the parties and any interested amici to submit briefs addressing whether mental health may be considered when determining whether an individual was convicted of a “particularly serious crime” within the meaning of 8 U.S.C. §§ 1158(b)(2)(A)(ii) and 1231(b)(3)(B)(ii). Matter of B-Z-R-, 28 I&N Dec. 424 (A.G. 2021). Both respondent and the Department of Homeland Security now agree that G-G-S- is erroneous and should be overruled. Respondent’s Opening Br. at 5–11 (Jan. 31, 2022); U.S. Dep’t of Homeland Security’s Opening Br. at 6–13 (Jan. 31, 2022). I have determined that it is appropriate to overrule the Board’s decision in G-G-S-. ... Going forward, immigration adjudicators may consider a respondent’s mental health in determining whether a respondent, “having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States.” 8 U.S.C. § 1158(b)(2)(A)(ii); see id. § 1231(b)(3)(B)(ii). The Board’s decision in respondent’s matter is vacated and the case is remanded to the immigration judge for further proceedings consistent with this opinion."

[Here is the underlying panel decision dated Dec. 3, 2020.]