In a precedent decision issued today, the BIA found that neither the government nor the respondent bears a formal burden of proof in immigration proceedings to establish whether or not the respondent is mentally competent, but where indicia of incompetency are identified, the Immigration Judge (IJ) should determine if a preponderance of the evidence establishes that the respondent is competent.

In a recent precedent decision, the BIA held that 8 CFR §1003.19(c) relates to venue and thus, the IJ erred in dismissing the respondent's bond redetermination request for lack of jurisdiction when he was transferred to a detention center outside the court's jurisdiction.