M.J.
M.J. v. R.D. CA4/2
Opinion
Opinion
BACKGROUND
We take the historical facts from the declarations filed by M.J. and F.J., because a
child's declaration “alone can constitute evidence sufficient to establish eligibility for SIJ
predicate findings.” (Guardianship of Saul H. (2022) 13 Cal.5th 827, 843 (Saul H.).)
M.J. was born in 2011 in Guatemala, and was 12 years old at the time of the
hearing. F.J. was born in 2004 in Guatemala, and was 18 years old at the time of the
The appeals in Case Nos. E081576 (M.J. v. R.D.) and E081615 (F.J. v. R.D.) have been consolidated, with Case No. E081576 designated as the master file.
2 petition. Both M.J. and F.J. lived with their mother and their older sibling,
Z.J. (collectively, the boys).
In 2012, their father left Guatemala when M.J. was one year old and F.J. was eight
years old, and migrated to the United States with the understanding he would work for
two years and return to Guatemala. However, the father never returned to Guatemala,
and he stopped providing for the family, so neither M.J. nor F.J. had any relationship with
their father.
In Guatemala, mother faced an extremely dangerous situation which forced the
family to move from their home. She…