and Submitted December 4, 2017 Pasadena, California
Petition for Review of an Order of the Board of Immigration
Appeals Agency No. A205-273-112.
Taiyyeba S. Skomra (argued), Helen A. Sklar, and Amy P.
Lenhert, Stone Grzegorek & Gonzalez, LLP, Los Angeles,
California, for Petitioner.
Byrd (argued), Trial Attorney; Chad A. Readler, Acting
Assistant Attorney General; Linda S. Wernery, Assistant
Director; Office of Immigration Litigation, Washington, D.C.;
A. Wallace Tashima and Marsha S. Berzon, Circuit Judges, and
Matthew F. Kennelly, [*] District Judge.
panel granted Henri Calderon-Rodriguez's petition for
review of the Board of Immigration Appeals' decision,
concluding that the Board in two related ways abused its
discretion in affirming the IJ's competence evaluation
the Board affirmed the IJ's inaccurate factual findings,
failing to recognize that the medical record upon which the
IJ and Board heavily relied was nearly a year old, and that
it may have no longer reflected Calderon's mental state.
the Board affirmed the IJ's departure from the standards
set out by the Board for competency determinations in
Matter of M-A-M-, 25 I. & N. Dec. 474 (BIA
2011). Specifically, the panel concluded that the IJ did not
adequately ensure that the Department of Homeland Security
complied with its obligation to provide the court with
relevant materials in its possession that would inform the
court about Calderon's mental competency. In this
respect, the panel noted that, importantly, neither the IJ
nor the Board recognized that, as DHS was providing ongoing
medical care to Calderon as a detainee, it necessarily
possessed additional relevant, but not introduced, medical
panel remanded to the Board with instructions to remand
Calderon's case to the IJ for a competence evaluation
based on current mental health reviews and medical records,
as well as any other relevant evidence.
BERZON, CIRCUIT JUDGE
case concerns an individual's right to a competence
evaluation if there are indicia of his or her incompetence
present during immigration proceedings. In particular, we
consider the Department of Homeland Security's
("DHS") obligation to provide the Immigration Judge
("IJ") with ...