The competency standard explores whether the respondent has:
- Rational and factual understanding of:
- The nature and object of the proceedings.
- The right to present, examine, and object to evidence.
- The right to cross-examine witnesses.
- The right to appeal.
- Sufficient present ability to:
- Exercise the rights listed above.
- Make informed decisions about whether to waive the rights listed above.
- Respond to the allegations in the proceedings.
- Present information and evidence relevant to eligibility for relief.
- Act upon instructions and information presented by the immigration judge and counsel.
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