8 C.F.R. § 1240.4
Incompetent respondents
When it is impracticable for the respondent to be present at the hearing because of mental incompetency, the attorney, legal representative, legal guardian, near relative, or friend who was served with a copy of the notice to appear shall be permitted to appear on behalf of the respondent. If such a person cannot reasonably be found or fails or refuses to appear, the custodian of the respondent shall be requested to appear on behalf of the respondent.
Notes of Decisions
Cited in 18
cases (2 in the last 5 years), 2005–2022 · leading case: M-a-m, 25 I. & N. Dec. 474 (BIA 2011).
M-a-m, 25 I. & N. Dec. 474 (BIA 2011). “8 C.F.R. §§ 1240.4 , 1240.43 (2010). If such a person cannot be found or fails or refuses to appear, the regulations provide that the “custodian of the respondent shall be requested to appear on behalf of the respondent.”
J-f-f, 23 I. & N. Dec. 912 (BIA 2006). “§ 1229a(b)(3) (2000); 8 C.F.R. § 1240.4 (2006), and remanded to the Immigration Judge for further proceedings consistent with its opinion.”
Franco-Gonzales v. Holder, 767 F. Supp. 2d 1034 (C.D. Cal. 2011). “13 In *1053 addition, pursuant to 8 C.F.R. § 1240.4 , a representative or guardian is permitted to appear on behalf of the alien in removal proceedings: When it is impracticable for the respondent to be present at the hearing because of mental incompetency, the attorney, legal…”
Mohamed v. TeBrake, 371 F. Supp. 2d 1043 (D. Minnesota 2005). “8 C.F.R. § 1240.4 . Like Rule 17(c), section 1240.”
Mun~ Oz-monsalve v. Mukasey, 551 F.3d 1 (1st Cir. 2008). “See 8 C.F.R. §§ 1240.4 , 1240.10(c). As we shall explain, this case does not require us to probe those regulations.”
Abdi Gelle Mohamed v. Alberto R. Gonzales, United States Attorney Gen., 477 F.3d 522 (8th Cir. 2007). “8 C.F.R. § 1240.4 . Failing these, the custodian “shall be requested to appear on behalf’ of the alien.”
Brue v. Gonzales, 464 F.3d 1227 (10th Cir. 2006). “8 C.F.R. § 1240.4 . The regulation suggests that, when mental incompetence makes an alien’s presence at a removal proceeding impracticable, an IJ may conduct the proceeding provided that the alien is represented by an attorney or other person; a custodian is required only when…”
Franco-Gonzales v. Holder, 828 F. Supp. 2d 1133 (C.D. Cal. 2011). “Judge Yamaguchi informed Piotr that he would consider appointing Piotr pursuant to 8 C.F.R. § 1240.4 : Q: ... the law allows you as the — as the respondent — as Maksim’s father to represent, to step into his shoes, to act on his behalf.”
Birhanu v. Wilkinson, 990 F.3d 1242 (10th Cir. 2021). “§ 1229a(b)(3)] and the regulation [ 8 C.F.R. § 1240.4 ] facially appear to require no procedural safeguards if an unrepresented, mentally incompetent alien is nevertheless able to be present at his removal proceeding.”
Jaadan v. Gonzales, 211 F. App'x 422 (6th Cir. 2006). “4, which provides that an attorney or other representative should be appointed “[w]hen it is impracticable for the respondent to be present at the hearing because of mental incompetency”). Here, Jaadan was represented by counsel in the deportation proceedings, and the IJ…”
Soobrian v. Attorney Gen. of the United States, 388 F. App'x 182 (3rd Cir. 2010). “8 C.F.R. § 1240.4 . Thus, the Attorney General contemplated that proceedings could go foiward against incompetent aliens, even in their absence, provided that certain procedural safeguards were afforded.”
Margaryan v. Mukasey, 261 F. App'x 44 (9th Cir. 2007). “In his decision, the IJ describes petitioner as “confused.”
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