In re Israel O.

Israel was born in Mexico in 1999 and is not a U.S. citizen. He came to the U.S. with his mother in 2005 and has no contact with his father in Mexico He was adjudged a ward of the juvenile court as a result of admitting to misdemeanor receiving of stolen property. Israel requested that the court make findings that would qualify him for special immigrant juvenile (SIJ) status under federal law (8 U.S.C. 1101(a)(27)(J), which would allow Israel to pursue regularization of his immigration status. The juvenile court declined to make findings that reunification “with one or both” parents was not viable due to abuse, neglect, or abandonment; that Israel was a dependent of a juvenile court or committed or placed with a state agency; and that it was not in his “best interest” to be returned to Mexco. The court of appeal remanded. USCIS currently interprets and applies section 1101(a)(27)(J) to include, as “SIJ eligible children” those who may be living in this country “with a foster family, an appointed guardian, or the non-abusive parent” and the trial court did not make a finding on whether it is in Israel’s best interest to return to Mexico. View "In re Israel O." on Justia Law