The Board of Immigration Appeals has held that an incompetent applicant in withholding-only proceedings received adequate safeguards where a qualified representative was appointed and provided meaningful assistance. The Honduran applicant had serious mental health diagnoses and sought withholding of removal and CAT protection based on fear of harm in Honduras.
The Board held that termination was unavailable in withholding-only proceedings and that the safeguards provided satisfied due process. The Board also found that the applicant did not establish a particularized risk of future persecution based on mental illness, or that he was more likely than not to be tortured. The appeal was dismissed.
The full text of Matter of C-L-R- can be found here: https://www.justice.gov/eoir/media/1449436/dl?inline