; (II) cannot consult with an available attorney or representative; and (III) does not have a reasonable opportunity to examine and present evidence and cross-examine witnesses. (iii) No appeal A decision of an immigration judge under this subparagraph may not be appealed administratively and is not subject to judicial review. (C) Effect of finding of incompetence A finding by an immigration judge that an alien is incompetent to represent himself or herself in removal proceedings shall not prejudice the outcome of any proceeding under this section or any finding by the immigration judge with respect to whether the alien is inadmissible under section 212 or removable under section 237. (3) Quarterly report Not later than 90 days after the effective date of a final rule implementing this subsection, and quarterly thereafter, the Director of the Executive Office for Immigration Review shall submit to the appropriate committees of Congress a report that includes— (A) (i) the number of aliens in proceedings under this section who claimed during the reporting period to be incompetent to represent themselves, disaggregated by immigration court and immigration judge; and (ii) a description of each reason given for such claims, such as mental disease or mental defect; and (B) (i) the number of aliens in proceedings under this section found during the reporting period by an immigration judge to be incompetent to represent themselves, disaggregated by immigration court and immigration judge; and (ii) a description of each reason upon which such findings were based, such as mental disease or mental defect. (4) Rule of construction Nothing in this subsection may be construed— (A) to require the Secretary of Homeland Security or the Attorney General to analyze whether an alien is incompetent to represent themselves, absent an indicia of incompetency; (B) to establish a substantive due process right; (C) to automatically equate a diagnosis of a mental illness to a lack of competency