Use of Mental Health Evidence in Immigration Court

[摘要] withholding of removalboard of appealsasylumsignificant crime analysismental healthMental Health Conditions Should Be Considered in a Crime Analysis Determining If a Noncitizen Committed a “Particularly Serious Crime” Barring Protection from DeportationIn Shazi v. Wilkinson, 988 F.3d 441 (8th Cir. 2021), the Eighth Circuit Court of Appeals reversed the decision of the Board of Immigration Appeals (BIA). The court found the BIA’s categorical ban on consideration of mental health evidence in the analysis determining if a noncitizen had been convicted of a “particularly serious crime” that would bar protection from deportation to be an arbitrary and capricious construction of federal law (8 U.S.C. § 1231 (2006)).

[学科分类] 儿科学

[关键词] withholding of removal;board of appeals;asylum;significant crime analysis;mental health