The Immigration Appeal Division has the powers of a superior court of justice. These powers include reopening appeals where a breach of natural justice has occurred. In Davis v. MCI, the Board re-opened an appeal for an appellant who had failed to appear for his hearing. The appellant was a mentally challenged young adult who did not understand the nature of the proceedings. Although he had been through a number of criminal and immigration proceedings, the courts had never been alerted to his handicap. Once discovered, a psychological report confirmed Mr. Davis's inability to comprehend the process and the IAD agreed to reopen. They based the re-opening on the principle of breach of natural justice not on the face of the record. This was a first for the board.
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