Henri Calderon-Rodriguez v. Jefferson Sessions, 878 F.3d 1179

Henri Calderon-Rodriguez, detained since 2012, applied for cancellation of removal; DHS filed a notice suggesting he might be among detained, unrepresented, possibly incompetent respondents in Franco-Gonzalez litigation.
A 2014 DHS mental-health review diagnosing PTSD/depression was in the record; IJ relied on it at a 2015 remand hearing but characterized it as an “updated” 2015 review (it was dated July 24, 2014).
Calderon submitted a current medication list showing changes in drugs/dosages from the 2014 review and pro se statements describing post-hearing crises and suicide-watch episodes; neither the IJ nor the BIA obtained or considered more recent medical records.
The IJ found Calderon competent based on courtroom observation, his ability to seek counsel and present evidence, and the DHS mental-health review; the BIA adopted that finding on appeal.
The Ninth Circuit concluded the IJ and BIA erred by (1) relying on an inaccurate factual finding that the DHS review reflected Calderon’s current condition, and (2) failing to ensure DHS—who provided Calderon’s detention care—produced up-to-date medical records as required when indicia of incompetence exist.
Court remanded to the BIA with instructions to remand to the IJ for a competence evaluation using current medical reviews, records, and any other relevant evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether IJ properly evaluated Calderon’s competence given indicia of incompetence	Calderon: IJ failed to ensure DHS provided up-to-date medical records and thus competence was not properly assessed	DHS/IJ: Competence adequately assessed via observations, Calderon’s courtroom participation, and DHS mental-health review	Court: Reversed — IJ/BIA abused discretion; must evaluate competence using current records and further inquiry
Whether reliance on DHS mental-health review was factually supported	Calderon: Review was a year old and not probative of current condition	DHS: The review showed Calderon managing symptoms and supported competence finding	Court: Rejected DHS position — IJ mischaracterized an older record as ‘‘updated’’ and made unsupported factual findings
Whether DHS had obligation to provide relevant detainee medical records when indicia exist	Calderon: DHS, as detainee’s care provider, possessed additional relevant records and failed to provide them	DHS: (Implicit) existing record sufficed for IJ’s determination	Court: DHS has obligation; IJ must ensure DHS produces up-to-date records when indicia of incompetence exist
Whether waiver of counsel was knowing and voluntary	Calderon: Competence concerns call into question voluntariness of waiver	DHS: Not addressed at this stage	Court: Declined to decide; competence determination may affect waiver inquiry

Drope v. Missouri, 420 U.S. 162 (1975) (competence principles in criminal proceedings inform due process analysis)
Mejia v. Sessions, 868 F.3d 1118 (9th Cir. 2017) (indicia of incompetence require IJ explanation and safeguards)
Rodriguez v. Holder, 683 F.3d 1164 (9th Cir. 2012) (courts must base factual findings on record-supported inferences)
Anderson v. Bessemer City, 470 U.S. 564 (1985) (appellate review limits for factual findings)
United States v. Hinkson, 585 F.3d 1247 (9th Cir. 2009) (en banc) (standards for reviewing factual findings)
Abebe v. Gonzales, 432 F.3d 1037 (9th Cir. 2005) (BIA may address exhaustion issues; merits review is appropriate where BIA addressed the issue)
Ledezma-Cosino v. Sessions, 857 F.3d 1042 (9th Cir. 2017) (en banc) (overruled prior equal-protection precedent relied on by petitioner)