United States First Circuit

Immigration Judge's failure to initiate a competency evaluation did not constitute a deprivation of due process, where: 1.) the petitioner's counsel failed to broach the issue of mental competence; 2.) the record of the hearing does not evince incompetence; and 3.) there is no showing that the petitioner's substantial rights were prejudiced.

Appellate Information

• Decided 12/12/2008
• Published 12/12/2008

Judges

• SELYA, Circuit Judge., Before LYNCH, Chief Judge, SELYA and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Walter J. Gleason, on brief, for petitioner.


• For Appellees:
  
• Gregory G. Katsas, Assistant Attorney General, Civil Division, Emily Anne Radford, Assistant Director, Office of Immigration Litigation, and Vanessa O. Lefort, Attorney, Office of Immigration Litigation, on brief, for respondent.