In re J.C. CA3

BACKGROUND

When J.C. drove over the center line of a street into the path of an oncoming police vehicle, the police swerved to avoid a collision and initiated a traffic stop. The police observed that J.C. had red and watery eyes, smelled of alcohol, and was unsteady on his feet. A breath test revealed a blood alcohol level of 0.18. When J.C.’s mother came to pick him up from jail, she produced documentation that he was 17 years old. J.C. was transported to juvenile hall.

2 The district attorney filed a juvenile wardship petition under Welfare and Institutions Code section 602, subdivision (a). J.C. admitted driving with a blood alcohol level of 0.08 percent or higher; other charges were dismissed. The next day, J.C. filed a motion for an order regarding SIJ status eligibility. The motion said J.C. was born in Mexico and entered the United States unlawfully when he was 13 years old; he came to join his mother, who had been living in the United States and is also an undocumented immigrant. J.C. and his mother are from Oxtotitlan in the State of Guerrero, an area the motion characterizes as “violent and dangerous” because of drug trafficking and drug cartel warfare. J.C.’s father…