Criminal Defense of Immigrants
§ 12.7 E. Special Immigrant Juvenile Status
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RELIEF " SPECIAL IMMIGRANT JUVENILE
In re Israel O., ___ Cal.App.5th ___, 2015 WL 227892 (1st Dist. Jan. 16, 2015) (reversing the order of the juvenile court denying defendant's request that the court make factual findings that would qualify him for special immigrant juvenile (SIJ) status, and remanding for a hearing to determine whether it is in defendant's best interest to be returned to Mexico, since the findings are a prerequisite for filing an SIJ status application, to allow defendant an opportunity to pursue regularization of his immigration status in the United States; reunification of defendant with his father in Mexico is not viable due to abandonment; and an eligible minor under the SIJ statute, 8 U.S.C. 1101(a)(27)(J), includes a juvenile for whom a safe and suitable parental home is available in the United States and reunification with a parent in his or her country of origin is not viable due to abuse, neglect, or abandonment).
JUVENILE " SPECIAL IMMIGRANT JUVENILE " RIGHT TO SIJ FINDING FROM JUVENILE COURT
Eddie E. v. Superior Court, ___ Cal.App.4th ___, ___ Cal.Rptr.3d ___, 2015 WL 545984 (4th Dist. Feb. 11, 2015) (court of appeals ordered juvenile court to make favorable findings under 8 U.S.C. 1101(a)(27)(J)), which are a prerequisite to petitioner applying for special immigrant juvenile status, SIJ status cannot be granted unless a state court finds, among other things, that petitioner cannot reunify with one or both of his parents due to abuse, neglect, or abandonment, and that it would not be in petitioner's best interest to return to his home country, and petitioner satisfied this standard).
Lower Courts of Ninth Circuit
JUVENILE " SPECIAL IMMIGRANT JUVENILE STATUS
Eddie E. v. Superior Court, 223 Cal.App.4th 622 (Oct. 2013) (trial court erred in denying SJIS status by failing to consider whether a resident alien in petitioner's position may also demonstrate he had been "legally committed to, or placed in the custody of, an agency or department of a State, or an individual or entity appointed by a State or juvenile court located in the United States," under the relevant statute).
SPECIAL IMMIGRANT JUVENILE STATUS " STATE SUPERIOR COURT HAS AUTHORITY MAKE SPECIAL IMMIGRANT JUVENILE STATUS FINDINGS
B.F. v. Superior Court, 207 Cal.App.4th 621, 143 Cal.Rptr.3d 730 (2d Dist. Jul. 2, 2012) (granting writ of mandate commanding Superior Court to consider the request of the Minors B.F., M.F., and L.F., by and through their legal guardians, regarding special immigrant status pursuant to INA 101(a)(27)(J), 8 U.S.C. 1101(a)(27)(J) and 8 CFR 204.11, and to conduct a hearing, as soon as practicable, on the merits of the Minors' request and thereafter issue a new order.)