The request simply noted that the respondent had been crying so uncontrollably that she could not continue with her preliminary hearing. The respondent, a 40-year-old Jamaican citizen who has been a legal resident of the United States for nearly 30 years, was in removal proceedings because of a number of petty theft arrests dating back to her late teens.

The run-ins with the law were part of a pattern of compulsive behaviors on her part that included substance abuse. The respondent was also a survivor of rape and domestic violence, and was taking medication for depression during her detention by Immigration and Customs Enforcement (ICE). As a result of her temporary incapacity, an immigration judge asked the Pennsylvania Immigration Resource Center to consult with the respondent prior to her next hearing.