Unpub. BIA Competency Victory: Matter of Y-C-

"The Department of Homeland Security (DHS) appeals from the April 8, 2011, decision of an Immigration Judge terminating proceedings. On appeal, the DHS argues that the Immigration Judge erred by terminating proceedings because the DHS failed to establish alienage and that the Immigration Judge erred by finding that the DHS's evidence was unreliable because the respondent lacked mental competency. In addition, on appeal, the respondent argues that it would be a violation of due process to proceed with a hearing against her, given her lack of mental competency.  We agree with the Immigration Judge that the DHS has not met its burden of proof of presenting "clear, convincing, and unequivocal" evidence of the respondent's foreign birth. See Woodby v. INS, 385 U.S. 276, 286 (1966). The DHS has submitted an I-213 and an l-215c to support its allegation that the respondent was born outside the United States. We find this evidence insufficient, however, because it is inconsistent and because it relies on information provided by the respondent, who lacked the requisite mental competency to provide reliable information." - Matter of Y-C-, Apr. 20, 2012, unpublished.  [Hats off to the Cardozo Immigration Justice Clinic and the ACLU Immigrants' Rights Project!]