Eddie E. v. Superior Court of Orange County

Petitioner Eddie E., an undocumented immigrant, petitions for a writ of mandate to overturn the court’s refusal to make favorable findings under the Immigration and Nationality Act, title 8 United States Code section 1101 (a)(27)(J) (section 1101 (a)(27)(J) or the SIJ statute), which findings are a prerequisite to him applying for special immigrant juvenile (SIJ) status, a path to citizenship. We issued an order to real party in interest to show cause why a writ of mandate should not issue.

SIJ status cannot be granted unless a state court finds, among other things, that a petitioner cannot reunify with “1 or both” of his parents due to abuse, neglect, or abandonment, and that it would not be in the petitioner’s best interest to return to his home country. (§ 1101(a)(27)(J)(i)-(ii).) The trial court refused to make either finding. It found that even though his mother (mother) abandoned him, he was living with his father (father) and thus reunification was possible with his father. It also held that mother’s subsequent death meant petitioner’s inability to reunify with her was due to death, not abandonment. It further found that a “fresh start” in Mexico would be good for…