The Biden Administration submitted a third request for an extension on a case that may change how immigrants are determined to be a ‘danger to the community’. At the heart of the issue is whether immigration officials should include an immigrant’s mental health when reviewing crimes committed and possible protection from deportation.

Initially, the deadline for the government’s response was November 12, 2021, but has been twice extended, each for a month at a time. The latest extension would delay the case until February 12, 2022. The reason for the extended delay is to allow attorneys to complete their preparation for the government’s response.

The case in question surrounds an Ethiopian national with a history of mental health issues. The individual arrived in the U.S. as a lawful permanent resident in 2007 with mental issues under control. However, a psychotic episode occurred in 2016, which led to two charges based on threats made by the individual. Ultimately, the person pled ‘guilty but mentally ill’ to the charges.

Deportation proceedings were begun at that time. An immigration judge found the individual did not qualify for protection from removal based on the charges and pleading. The person appealed to the Board of Immigration Appeals (BIA), who then found that the person’s mental health status at the time of the crime would not be considered, and the original findings would stand. The person further appealed the Tenth Circuit, who stated they would defer to the BIA’s determination.

The person then submitted their case to the U.S. Supreme Court based on the differing findings of the Tenth, Ninth, and Eighth Circuit courts. The Eighth and Ninth Circuit courts have both ruled that mental health must be taken into account by the BIA in previous cases. The basis is the BIA requirement to consider all relevant facts and conduct a case-by-case analysis for each request for protection from deportation. As such, the outcome for each case may vary depending on the part of the country.

ILBSG continues to monitor legal proceedings and policy updates to ensure our clients get the right advice. If you have questions about your immigration-related issue, contact us at any time. We are here to help.

Board of Immigration Appeals Deportation protection