California Court of Appeal
Eddie E. v. Superior Court of Orange County, G049637
Petition for writ of mandate to overturn the trial court's refusal to make favorable findings under the Immigration and Nationality Act (United States Code section 1101(a)(27)(J)), which findings are a prerequisite to petitioner applying for special immigrant juvenile (SIJ) status, is granted, where: 1) 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; 2) "one or both" is disjunctive, and petitioner proved he was abandoned by his mother, satisfying that condition; and 3) the evidence shows beyond dispute that it is not in petitioner's best interest to return to Mexico.
Appellate Information
- Decided 02/11/2015
- Published 02/11/2015
Judges
- Ikola
Court
- California Court of Appeal