The Board of Immigration Appeals (Board) has determined that an Immigration Judge's determination as to what safeguards are necessary to protect the rights of a mentally incompetent individual in removal proceedings is a discretionary determination, and thus, subject to de novo review by the Board.  In the instant case, though the Immigration Judge was in receipt of a psychological evaluation noting that the appointment of counsel would not be a sufficient safeguard, the Board faulted the Judge for terminating proceedings, instead of appointing counsel and allowing counsel time to locate the individual's family and friends and attempt to obtain relevant information about his removability or eligibility for relief from them.

The full text of Matter of M-J-K- can be found here: