; and (B) the alien— (i) is unrepresented; (ii) was found by an immigration judge to be incompetent to represent themselves; and (iii) has been placed in or referred to removal proceedings pursuant to this section. (2) Determination on competence (A) Presumption of competence An alien is presumed to be competent to participate in removal proceedings and has the duty to raise the issue of competency. If there are no indicia of incompetency in an alien’s case, no further inquiry regarding competency is required. (B) Decision of the immigration judge (i) In general If there are indicia of incompetency, the immigration judge shall consider whether there is good cause to believe that the alien lacks sufficient competency to proceed without additional safeguards. (ii) Incompetency test The test for determining whether an alien is incompetent to participate in immigration proceedings, is not malingering, and consequently lacks sufficient capacity to proceed, is whether the alien, not solely on account of illiteracy or language barriers— (I) lacks a rational and factual understanding of the nature and object of the proceedings; (II) cannot consult with an available attorney or representative