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Department of Justice
Executive Office for Immigration Review
A 047-900-205
Date of this notice: 9/25/2015
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
DOrvtL Ca.AAJ
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Greer, Anne J.
Userteam: Docket
PIERRE, ALPHONSE
A047-900-205
KROME SERVICE PROCESSING CTR
18201 SW 12TH STREET
MIAMI, FL 33194
Date:
SEP 2 5 2015
APPEAL
ON BEHALF OF RESPONDENT: Pro se
ON BEHALF OF DHS: Georgina M. Picas
Assistant Chief Counsel
CHARGE:
Notice: Sec.
Sec.
237(a)(2)(A)(ii), I&N Act [8 U.S.C. 1227(a)(2)(A)(ii)] Convicted of two or more crimes involving moral turpitude
APPLICATION: None
The respondent, a native and citizen of Haiti, appeals from the decision of the Immigration
Judge dated May 14, 2015, finding the respondent removable as charged and ordering him
removed. The Department of Homeland Security opposes the appeal. The record will be
remanded.
We review the findings of fact made by the Immigration Judge, including the determination
of credibility, for clear error. 8 C.F.R. 1003. l(d)(3)(i). We review all other issues, including
questions ofjudgment, discretion, and law, de novo. 8 C.F.R. 1003. l(d)(3)(ii).
We conclude that remand for an initial consideration of the respondent's mental competency
is appropriate. There are indicia of mental incompetence in the record. The records of
conviction relating to both his 2008 and 2015 convictions show that he was adjudicated
incompetent to proceed twice in 2007 and again in 2013 (Exhs. 2, 3). Additionally, a condition
of his probation with regards to his 2008 conviction was that he meet with a psychiatrist once a
month (Exh. 3).
Given the particular circumstances presented in this case, including the fact that the
respondent has been pro se throughout his proceedings, we conclude that remand is appropriate
for the Immigration Judge to determine whether the respondent is mentally competent. The test
for determining whether the respondent is competent to participate in immigration proceedings is
"whether he or she has a rational and factual understanding of the nature and object of the
proceedings, can consult with the attorney or representative if there is one, and has a reasonable
Cite as: Alphonse Pierre, A047 900 205 (BIA Sept. 25, 2015)
IN REMOVAL PROCEEDINGS
FOR TH
2
Cite as: Alphonse Pierre, A047 900 205 (BIA Sept. 25, 2015)
The Department of Homeland Security has an obligation to provide the court with relevant
materials in its possession that would inform the court about the respondent's mental
competency. Id. at 480. If, after considering all appropriate evidence, the Immigration Judge
determines that the respondent lacks sufficient competency to proceed with the hearing, the
Immigration Judge will identify and apply appropriate safeguards, conduct a new hearing, and
articulate his reasoning in the decision. Id. at 483.
In the Matter of
)
)
)
)
ALPHONSE PIERRE
RESPONDENT
IN REMOVAL PROCEEDINGS
CHARGES:
APPLICATIONS:
None.
xi:r;J
F.. .fu'IS'
File: A047-900-205
r-'\
Miami, Florida on or about January 27, 2001, as a lawful permanent resident. It further
alleges that on January 28, 2015, he was convicted in the Seventeenth Judicial Circuit
grand theft in violation of Florida Statutes 810.02 and 812.014. For these offenses the
respondent was sentenced to two years and 20 days of incarceration. This document
further alleges that on October 30, 2008, respondent was convicted in the Seventeenth
Judicial Circuit Court for battery on a law enforcement officer and also for resisting with
violence in violation of Florida Statutes 784.072 and 843.01. For this he received three
years of probation. Lastly, this document alleges that these offenses did not arise out of
a single scheme of criminal misconduct.
This document charges the respondent with being removable pursuant to
the aforementioned sections of law.
The respondent first appeared before the Court on April 30, 2015. At that
time he was afforded a Creole interpreter and through the interpreter his rights were
explained to him. At that time he elected to represent himself and he admitted the truth
of the allegations. And based upon a review of the criminal convictions as well as his
statements to the Court under oath, the Court sustained the charges of removability.
The matter was adjourned for him to seek legal representation and the matter was
adjourned for today. On today's date, the respondent once again appeared without
counsel. The Court then inquired about whether there would be any relief available to
the respondent and unfortunately the Court was unable to find any relief that might be
available to him and, therefore, must order him removed from the United States.
FINDINGS OF FACT
As to the issue of removability, there were two charges listed in the Notice
to Appear, one is under Section 237(a)(2){A)(ii) of the Act for having been convicted of
A047-900-205
Court in and/or Broward County, State of Florida for burglary of a dwelling and also for
two crimes involving moral turpitude not arising out of a single scheme of criminal
misconduct. The Court has reviewed the criminal records of these offenses that were
A047-900-205
A047-900-205
ADAM OPACIUCH
Immigration Judge
reason why he could not return to Haiti. He indicated he did not have any reason why
'
/Isl/
Immigration Judge ADAM OPACIUCH
A047-900-205