Decision date: 2015-12-02

Affirming the Board of Immigration Appeals' denial of Diop's motion for a continuance or administrative closure of his removal proceedings to permit him to receive a mental health evaluation. Holding that the immigration judge's inquiry into Diop's mental health and his finding that Diop was mentally competent did not violate Diop's right to due process because there were not sufficient indicia of Diop's incompetency for the IJ to order a mental health evaluation at the outset of his proceedings.

Publication Status: Published

Case judge: Keenan, Thacker, Wilkinson

Decision: Diop v. Lynch, 807 F.3d 70 (4th Cir. 2015)