U.S.

Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals

Qffice of the Clerk

5107 Leesburg Pike, Suite 2000

Falls Church. Virginia 22041

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G OHS/ICE Office of Chief Counsel - SOC
A 353 146 CCA Road, P.O.Box 248
c/o SOC Lumpkin, GA 31815
146 CCA ROAD
P.O. BOX 248
LUMPKIN, GA 31815

Name:G_,_

Date of this notice: 4/6/2017

Enclosed is a copy of the Board's decision and order in the above-referenced case.

Sincerely,

' J ~IA~
L/Uf~0
Cynthia L. Crosby
Acting Chief Clerk

Enclosure

Panel Members:
Greer, Anne J.
Kendall Clark, Molly
KELLY, EDWARD F.

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index

Cite as: T-G-, AXXX XXX 353 (BIA April 6, 2017)

. ' .
Decision of the Board of Immigration Appeals
U.S. Departme:&t of Justice
Executive Office for Immigration Review

Falls Church. Virginia 22041

File: ~ 3 5 3 - Lumpkin, GA Date:

APR - 6 2017
Inre: - - ~ a . k . a .

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IN REMOVAL PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT: Prose

ON BEHALF OF OHS: James C. Graulich

Assistant Chief Counsel

CHARGE:

Notice: Sec. 237(a)(l)(B), l&N Act [8 U.S.C. 1227(a)(l)(B)] -

In the United States in violation of law

APPLICATION: Remand

The respondent appeals from the Immigration Judge's decision of November 14, 2016. The
Department of Homeland Security opposes the appeal. The record will be remanded for further
proceedings.

On appeal, the respondent states that he will lack medication in Ghana to treat his mental
illness, and that his likely resultant behavior will lead people to believe that he practices
witchcraft. He also states that he fears he will be harmed if people believe he is engaging in
witchcraft. Given that the respondent is detained and without representation, as well as the
particular record present in this case, we will remand to provide the respondent with an
opportunity to submit an application for relief, including asylum or withholding of removal. In
so doing we intimate no opinion regarding the ultimate outcome of the respondent's
proceedings. 1

ORDER: The record is remanded to the Immigration Judge for further proceedings
consistent with the foregoing opinion and for the entry of a new decision.

1 The Immigration Judge should also address the respondent's competency, as needed, and
determine whether safeguards may be appropriate in this case (Tr. at 8-9, 15, 17, 22). See Matter
ofM-A-M-, 25 I&N Dec. 474 (BIA 2011).

Cite as: T-G-, AXXX XXX 353 (BIA April 6, 2017)

 '

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
LUMPKIN, GEORGIA

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-
File:
:-..~~--
~353
t ' .,A

Novemf>er 14, 201a

,I "'" .,A -

In the Matter of

)
) IN REMOVAL PROCEEDINGS
)
RESPONDENT )

CHARGE: Section 237(a)(1)(8), remaining for a time longer than permitted

APPLICATIONS: None

ON BEHALF OF RESPONDENT: Pro Se

ON BEHALF OF OHS: James GroHieol~Gra_ulich, Esq.

ORAL DECISION OF THE IMMIGRATION JUDGE

In arriving at my findings of fact and conclusions of law, I've considered all
ny
the testimonial evidence in this case. My failure to comment on particular testimo

does not mean that I failed to consider it.

Based upon the totality of the circumstances, I find respondent to be

credible.
FINDINGS OF FACT AND CONCLUSIONS OF LAW

Exhibit 1 was served on respondent on 6 October, 2016.

 /~

On 14 November, 2016, in accordance with respondent's pleas, the

allegations in Exhibit 1 were sustained, and respondent was found by clear and

convincing evidence to be removable as charged in Exhibit 1. The United Kingdom or

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in the alternative
.. - -
--
Ghana, is designated as
-- - -------- -
the country of removal.
--- ---- ----.;
---.:_;----- -. - ---
-

After respondent was advised of his rights, respondent admitted all

allegations in Exhibit 1 and indicated that no family member or employer had already

applied so that he could adjust his status to that of a lawful permanent resident.

Respondent indicated that neither of his parents nor any of his

grandparents were United States citizens. Respondent indicated that neither of his

parents were lawful permanent residents. Respondent stated that he is not married and

has no children.

Respondent indicated that he does not believe that anyone in Ghana will
harm him if he returns to Ghana.

Respondent stated, however, that he takes medication which is

successfully treating him for his diagnosis of schizophrenia. Respondent stated that he

believes that the medication which he is taking to help him here is not available in his

home country of Ghana.

Respondent indicated that he understood everything that we had talked

about today in the English language and respondent indicated that he did not want to

ask for voluntary departure.

the proceedings today. In fact, had respondent not informed me that he has a diagnosis

of schizophrenia and that he is taking medication, I would not have been able to detect

on my own that that is the case. I find that respondent has fully understood all portions

of the proceedings today.

~353 2 November 14, 2016

 Accordingly, I've entered the following order:

ORDER

Respondent will be removed from the United States to the United

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Kingdom, or in the alternative. to Ghana.
-- ,=..,------. -- -- -- - ----- -- -- - -- - -- --

A written order reflecting the above decision will be provided separately

and made part of the record.

Please see the next page for electronic

signature
DAN TRIMBLE
Immigration Judge

A--353 3 November 14, 2016

 . ... ()
> .

/Isl/
Immigration Judge DAN TRIMBLE
trimbled on January 23, 2017 at 6:54 PM GMT

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~353 4 November 14, 2016

... ,.,