Case Explained: JOSE BACA-HERNANDEZ V. MERRICK GARLAND

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-08-14 The Ninth Circuit granted the petitions for review and remanded the consolidated cases to the Board of Immigration Appeals (BIA) because the BIA abused its discretion in denying the petitioner’s motion to reopen removal proceedings based on a finding that he was competent. The court applied the standard that an immigration judge must take measures to determine whether a petitioner is competent when there are indicia of incompetency, defined as having a rational and factual understanding of the nature and object of the proceedings, the ability to consult with counsel, and a reasonable opportunity to examine and present evidence. The court found that the record contained clear indicia of incompetence, noting that the petitioner was permanently blind due to being shot in the face and had explicitly informed the immigration judge of his blindness and memory difficulties during pro se proceedings, yet the judge failed to conduct any further inquiry. Consequently, the case is remanded so that the immigration judge may take measures to determine whether the petitioner was competent to participate in the removal proceedings. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.