Juan Aguilar-Perez, A027 190 905 (BIA Sept. 13, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) upheld the grant of a DHS motion to terminate proceedings to reinstate a prior removal order against the respondent. The Board rejected the respondent’s argument that the underlying order should be set aside on grounds that he was mentally incompetent at his prior removal hearing and that the Immigration Judge who presided over the hearing previously prosecuted the respondent’s case while employed as a DHS trial attorney. The decision was written by Member Garry Malphrus and joined by Member Michael Creppy and Member Hugh Mullane.