M.J.

M.J. v. R.D. CA4/2

Good Law
Court of Appeal of CaliforniaNovember 15, 2024E081576California2,668 words

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…

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