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CA2 on Competency Safeguards: Reid v. Garland

November 05, 2024 (1 min read)

Reid v. Garland

"Everod Ray Anthony Reid petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming a decision of an Immigration Judge (“IJ”). The IJ ordered his removal to Jamaica and denied his applications for a waiver of inadmissibility under the former section 212(c) of the Immigration and Nationality Act, adjustment of status, and deferral of removal under the Convention Against Torture. Pertinent to this appeal, the BIA affirmed the IJ’s finding that the IJ herself had implemented adequate safeguards to address Reid’s incompetency and protect his rights and privileges. Because the IJ improperly applied the framework for protecting the rights and privileges of noncitizens who may be incompetent, we GRANT Reid’s petition for review, VACATE the BIA’s decision, and REMAND for further proceedings consistent with this opinion."

[Hats way off to Andrew D. Bergman, Sophie Dalsimer, Molly Lauterback and amici Former Immigration Judges and Former Members of the Board of Immigration Appeals, The Bronx Defenders, Erie County Bar Association Volunteer Lawyers Project, Inc., Esperanza Immigrant Rights Project, Florence Immigrant & Refugee Rights Project, The Legal Aid Society, and Open Immigration Legal Services!  Audio of the oral argument is here.]

    

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