Mental Incapacity: Merging Treatment and Enforcement - Recording (.MP3)
A client’s psychological symptoms are routinely overlooked and require input from, and collaboration with, medical professionals to be adequately understood and factored into REAL ID Act credibility determinations. The panelists will provide guidance for practitioners to use pre-trial motions, litigate, and advocate for removal proceedings that avoid (rather than continue) traumatizing persons who already have been tortured, persecuted, or otherwise subjected to untreated violence and psychological abuse. They also will address mental health-related grounds of inadmissibility.
- Factoring Mental Incapacity and Psychological Issues into Credibility Determinations Under the REAL ID Act
- Pre-Trial Motions Supported by Psychological Evaluations
- Litigating Due Process Issues Unique to Mentally Incapacitated Persons in Removal Proceedings and Federal Courts
- Equitable Tolling of Deadlines Missed Due to Mental Incapacity
- Grounds of Inadmissibility Related to Mental Illness
- Documenting Treatment of Mental Illness in Adam Walsh Act Cases to Prove “No Risk of Harm”
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