Eddie E. v. Super. Ct.

Petitioner Eddie E., an undocumented immigrant, sought a writ of mandate to overturn the trial court's refusal to make favorable findings under the Immigration and Nationality Act, title 8 of the United States Code section 1101(a)(27)(J) which were a prerequisite to him applying for special immigrant juvenile (SIJ) status (a path to citizenship). The trial court found that even though his mother abandoned him, he was living with his 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 petitioner, and thus returning him to Mexico was in petitioner's best interest. The Court of Appeal disagreed: "[One] or both" is disjunctive, and petitioner proved he was abandoned by his mother, satisfying that condition. True, mother died, but that only made the abandonment permanent. [. . .] The evidence shows beyond dispute that it is not in petitioner's best interest to return to Mexico." Accordingly, the Court granted the petition and issued the writ. View "Eddie E. v. Super. Ct." on Justia Law