Holding and context
The BIA stated that respondents are presumed competent. Indicia of incompetency require further inquiry by the immigration judge. Competency includes a rational and factual understanding of the proceedings, the ability to consult counsel if represented, and a reasonable opportunity to examine and present evidence and cross-examine witnesses.
Limits and subsequent history
When competency is insufficient, the judge must evaluate appropriate safeguards and explain the reasoning. This is a procedural decision, not an asylum approval or a guarantee of appointed counsel in every case. Read the full decision and check later authority applicable to the case.