In re Israel O.

People v. Israel O.

Good Law
182 Cal. Rptr. 3d 548·2015 Cal. App. LEXIS 39·233 Cal. App. 4th 279
Court of Appeal of CaliforniaJanuary 16, 2015A142080California4,418 words

Opinion

Opinion

Bruiniers, J.

— Israel O. was bom in Mexico and is not a United States citizen. He was adjudged a ward of the juvenile court as a result of admitting a misdemeanor violation of Penal Code section 496, subdivision (a). Israel requested that the court make the factual findings that would qualify him for special immigrant juvenile (SIJ) status under federal law ( 8 U.S.C. § 1101 (a)(27)(J); hereafter section 1101(a)(27)(J) or the SIJ statute). Such findings are a prerequisite for filing an SIJ status application with the United States Citizenship and Immigration Services (USCIS) of the Department of Homeland Security (see 8 C.F.R. § 204.11 (d) (2014)), which would allow Israel an opportunity to pursue regularization of his immigration status in the United States. The juvenile court declined to make the requested SIJ status findings. The sole issue on appeal is whether the juvenile court erred in its interpretation of the SIJ statute. We find that it did and remand for further proceedings.

I. Background

A. The SIJ Statute

“The Immigration Act of 1990, codified at [title 8 United States Code] section 1101, sets forth a procedure for classification of certain aliens as special immigrants…

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