In re Christian H.

People v. Christian H.

Good Law
238 Cal. App. 4th 1085
Court of Appeal of CaliforniaJuly 22, 2015A141758California3,324 words

Opinion

Opinion

Pollak, J.

Christian H. appeals a dispositional order placing him on probation and ordering him to reside with his mother in Honduras. We agree with Christian that the court abused its discretion in finding that returning to Honduras was not in his best interests for the purpose of petitioning for relief from deportation under 8 United States Code section 1101 as a special immigrant juvenile (SIJ), but that returning to Honduras was in his best interests for the purpose of selecting a disposition. Accordingly, we will reverse the dispositional order.

Factual and Procedural Background

On March 13, 2014, Christian was arrested for selling cocaine base. The following day, a wardship petition (Welf. & Inst. Code, § 602, subd. (a)) was filed alleging that Christian, aged 16, sold cocaine base (Health & Saf. Code, § 11352, subd. (a)). The probation department requested his detention pending a hearing based on the charges, the need to protect the minor, and concerns that the minor was likely to flee in order to avoid the court’s jurisdiction. The probation officer stated that immigration officials had been notified of Christian’s custody status. On March 17, 2014, the juvenile court…

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