In Re Adolfo M.

People v. Adolfo M.

Good Law
1990 Cal. App. LEXIS 1456·225 Cal. App. 3d 1225·275 Cal. Rptr. 619·90 Daily Journal DAR 13712·90 Cal. Daily Op. Serv. 8814
Court of Appeal of CaliforniaNovember 30, 1990D011636California3,209 words

Opinion

Opinion

Work, J.

Adolfo M. appeals a juvenile court judgment, specifically challenging the dispositional order by arguing the temporary judge improperly found Adolfo to be a legal resident of Tijuana, Mexico, ordered his transfer to Mexican juvenile authorities and prohibited his return to the United States without proper documentation and written permission from the juvenile court. As we shall explain, we conclude the juvenile court properly found him to be a nonresident alien and, in any event, his failure to challenge the contents of the probation officer’s social study renders this issue not cognizable on appeal because of waiver. Although the juvenile court’s order transferring him to Mexican juvenile authorities is consistent with our decision in In re Manuel P. (1989) 215 Cal.App.3d 48 [ 263 Cal.Rptr. 447 ], we conclude its further order requiring Adolfo to obtain written permission from the court before reentering the United States is unconstitutional. Accordingly, that portion of the order requiring Adolfo to obtain written permission of the court is modified to require him only to notify the court of his reentry. With this modification to the dispositional order, the judgment is…

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