California Court of Appeal

In this case, defendant was born in Mexico and is not a United States citizen. He was adjudged a ward of the juvenile court due to misdemeanor violation of Penal Code section 496(a). 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 is reversed and remanded for a hearing to determine whether it is in defendant's best interest to be returned to Mexico, where: 1) such findings are a prerequisite for filing an SIJ status application, which would allow defendant an opportunity to pursue regularization of his immigration status in the United States; 2) reunification of defendant with his father in Mexico is not viable due to abandonment; and 3) the juvenile court erred in declining to make the requested SIJ status findings, as an eligible minor under the SIJ statute (8 U.S.C. section 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.

Appellate Information

• Decided 01/16/2015
• Published 01/16/2015

Judges

• Bruiniers

Court

• California Court of Appeal

Counsel