Garland Allows Immigration Judges to Consider Mental Health of Convicted Criminals:
Immigration courts will now be allowed to take into account the mental health history of an illegal immigrant convicted of an aggravated felony when considering their asylum claim or whether to withhold their deportation, Attorney General Merrick Garland said Monday.
Garland’s decision overturns a 2014 Board of Immigration Appeals ruling that, when judging the seriousness of the crime, “a person’s mental health is not a factor to be considered in a particularly serious crime analysis.” Judges were not to consider a person’s mental health as not to overrule the decisions of the criminal judge and because mental condition does not relate to the conviction and the facts that make them a danger to the community, Fox News reported.
Yet Garland said Monday: “Going forward, immigration adjudicators may consider a respondent’s mental health in determining whether a respondent, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States.”
The decision comes after Garland asked the board to send him a case for review involving a Mexican national convicted of burglary in New Jersey in 2017. The man, who was sentenced to four years in prison, argued that he should not be deported because he would be persecuted because of his sexual orientation and mental health condition in Mexico. --->READ MORE HERE
Garland says judges may consider criminal illegal immigrants' mental health when considering asylum claims:
Attorney General Merrick Garland on Monday said that immigration judges can now consider the mental health status of an illegal immigrant convicted of an aggravated felony when considering their asylum claim or whether to withhold their deportation -- overruling a prior decision by a top immigration appeals board.
The Immigration and Nationality Act makes illegal immigrants ineligible for both asylum and withholding of removal -- where illegal immigrants are not returned because they have a fear of persecution if returned to their country of origin -- if they have been convicted of a "particularly serious crime" that constitutes a danger to the community.
The DOJ’s Executive Office for Immigration Review’s Board of Immigration Appeals had previously ruled in 2014 (in a case known as "Matter of G-G-S") that, when judging that seriousness of the crime, "a person’s mental health is not a factor to be considered in a particularly serious crime analysis" given that judges are not to go beyond the decisions of the criminal judge, and that mental condition does not relate to the conviction and the facts that make them a danger to the community. --->READ MORE HERE
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