NQRP Practice Advisory - Safeguards and Section 504 of the Rehabilitation Act

Rocky Mountain Immigrant Advocacy Network (RMIAN) prepared this practice advisory with contributions from partners at Brooklyn Legal Defenders (BDS) and Robert F. Kennedy Human Rights for the Acacia Center for Justice. This resource is for legal representatives of immigrants whose mental disability or mental health condition implicates competence in removal proceedings. It focuses on two areas of practice: (1) application of procedural safeguards afforded pursuant to Immigration Nationality Act (INA) § 240(b)(3), 8 United States Code (U.S.C.) § 1229a(b)(3) and Matter of M-A-M-, 25 I&N Dec. 474 (BIA 2011); and (2) seeking reasonable accommodations afforded by Section 504 of the Rehabilitation Act of 1973.