SUMMARY: Although the juvenile court had the power to vacate its court order making findings required for Special Immigrant Juvenile Status (SIJS), its doing so was in error because there was sufficient evidence to make the required findings.
Jose G. and Luis G. were brought from Guatemala to the United States by their mother in late 2001 or early 2002. In 2005, both children were placed in OJS custody for delinquent offenses. In 2006, the mother was deported to Guatemala. At that time, Jose was living in a group home and Luis was living in a foster home. DHHS filed a motion requesting the court to make findings related to the children’s Special Immigrant Juvenile Status (SIJS), namely:
(1) The child is declared dependent by a juvenile court
(2) The child is eligible for long-term foster care,
(3) The child is so eligible due to abuse, neglect or abandonment
(4) It is not in the child’s best interest to be returned to the home country
(5) The child is under the jurisdiction of the juvenile court
(6) The child is unmarried and under the age of 21
On July 23, 2007, the court made findings consistent with those necessary for SIJS (the “SIJS order”). At review hearing on March 25, 2008, the court sua sponte ordered a hearing to determine whether the order it issued making findings related to SIJS should be vacated. At the hearing on April 22, 2008, Jose testified that he was completing high school and would receive a diploma in 2009, that he was employed part-time and planned to enlist with the Marines or attend community college. Luis testified that he attended high school and after school wanted to become a welder or enlist in the Army. Evidence was presented that both children spoke about the bad conditions of their home in Guatemala, including domestic violence by family members including the father against the mother and Jose and Luis, witnessing murders and dead bodies and gang activity. Luis testified that the family did not have a home in Guatemala and were constantly moving, and that his mother was unable to take care of them due to her own issues. Jose’s foster mother was willing to provide “long-term foster care, guardianship to Jose as was Luis’ foster mother. The DHHS worker testified that Luis and Jose would have to withdraw their immigration applications if the order was vacated.
On June 12, 2008, the court entered an order vacating the SIJS order on the principal basis that there was no evidence establishing the mother abused, neglected or abandoned her children, noting that the family decided to have the children remain in OJS custody when the mother was deported. Jose and Luis appealed.
The Court of Appeals determined that the order was appealable because it affected the children’s substantial right since the order would terminate the application for legal permanent residence. It also held that the juvenile court had the power to vacate the order.
However, the Court of Appeals concluded that the juvenile court erred in vacating the SIJS order because there was significant evidence established at the hearing to make the findings required for SIJS, specifically the finding that the children were abused, neglected or abandoned given that the children were subjected to physical abuse, were not cared for by the mother and were told by the mother to stay in the U.S.