The Ninth Circuit has reversed the agency's finding that a detained immigrant was competent to participate in his immigration proceedings. In particular, the Court expressed concern that the Department of Homeland Security did not provide updated or complete medical records to the Court.
"Importantly, neither the IJ nor the BIA recognized that, as DHS was providing ongoing medical care to Calderon as a detainee, it necessarily possessed additional relevant, but not introduced, medical records. There were, indeed, specific indications that there were later medical records not provided to the IJ or the BIA that could have reflected a deterioration in Calderon’s condition."
"We note that, as Calderon argues, DHS may have violated an order implementing the permanent injunction in Franco-Gonzalez by failing to provide Calderon’s updated mental health information to the IJ and BIA. However, because Calderon’s complete mental health information was not introduced into the record, we are unable to determine if Calderon was a member of the Franco-Gonzalez class, and thus cannot determine if the order was violated."
The full text of Calderon v. Sessions can be found here: