B.F.

In this guardianship matter, three minors seeking special immigrant juvenile status (SIJ status) pursuant to title 8 United States Code section 1101 (section 1101) and 8 Code of Federal Regulations part 204.11 (2012) challenge the Superior Court of Los Angeles County’s order denying their request for findings, including that they are “dependent upon the court” and “have been legally placed in the custody of an individual appointed by a juvenile court.” The minors contend that respondent superior court sitting as a probate court has authority to make such findings. The superior court argues that section 1101(a)(27)(J) does not authorize it to make the findings and that even if it permitted state court findings for federal immigration purposes, only a “Juvenile Court” exercising the jurisdiction set forth in the Welfare and Institutions Code can do so. We conclude that the federal statutes and regulations and the state statutes authorize the superior court sitting as a probate court to make such findings and that the superior court rules recognize its authority to do so. Accordingly, we grant the petition.

BACKGROUND

B.F. (born Nov. 1995), M.F. (born Jan. 1997), and L.F.…