Everod Ray Anthony Reid, a noncitizen with schizophrenia, has been in removal proceedings for nearly thirty years. He faces removal to Jamaica after an Immigration Judge denied his applications for a waiver of inadmissibility under former section 212(c) of the Immigration and Nationality Act, adjustment of status, and deferral of removal under the Convention Against Torture. Medical testimony established that Reid suffers from delusional thinking, command auditory hallucinations, and severe paranoia, leading him to believe that all court personnel, including his own counsel, are conspiring against him. This condition prevented him from meaningfully assisting his attorney or establishing a functional attorney-client relationship. While the Immigration Judge recognized these indicia of incompetency and implemented some accommodations, she failed to make a formal finding on Reid's overall competency or articulate how her safeguards addressed the specific nature of his mental illness. The Board of Immigration Appeals affirmed the decision, concluding the safeguards were sufficient because they were requested by Reid, despite the lack of a rigorous legal analysis.
The Second Circuit held that the Immigration Judge's application of the framework established in Matter of M-A-M- was legally insufficient. The court clarified that to protect the rights of noncitizens who may be incompetent, an Immigration Judge must follow four interdependent steps: first, make a specific finding as to whether the noncitizen is incompetent; second, generate a record of sufficient findings regarding the character, scope, and severity of that incompetency; third, implement safeguards that specifically address those findings; and fourth, articulate how and why those safeguards adequately protect the noncitizen's rights under the INA and the Fifth Amendment's Due Process Clause. The court found that the IJ failed on all counts. She did not make a formal finding of competency, offering only a vague concern regarding the attorney-client relationship. She failed to articulate the scope and severity of Reid's condition, and her safeguards—such as not wearing a robe and unshackling one hand—did not address the core issue of his inability to consult with counsel or his delusional beliefs. Furthermore, the court rejected the government's argument that Reid must show prejudice. Citing precedent, the court ruled that when an agency fails to adhere to regulations designed to protect fundamental constitutional rights, a remand is required without a showing of prejudice. The court noted that the lack of adequate safeguards likely prejudiced Reid's ability to prove his eligibility for relief, particularly regarding the calculation of his time served in prison.
The case is remanded to the Board of Immigration Appeals and the Immigration Judge to reevaluate Reid's competency. On remand, the agency must make a clear and specific finding on whether Reid is competent and, if not, fashion safeguards that address the character, scope, and severity of his condition. The agency is reminded that the full range of available safeguards includes temporarily halting proceedings via administrative closure or termination without prejudice to allow for treatment and potential restoration of competency. If Reid is found competent, the agency must reevaluate the merits of his claims for relief. The decision establishes a binding precedent in the Second Circuit requiring rigorous procedural findings before proceeding against incompetent noncitizens.
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