In re Christian H.

Christian, age 16, was arrested for selling cocaine base. A wardship petition was filed. Immigration officials were notified. An Immigration Detainer was faxed to the juvenile hall from the Department of Homeland Security (DHS) stating that Christian had a prior felony conviction or had been charged with a felony offense, that he had illegally re-entered after a previous removal, and there was an order of deportation. The detainer requested that juvenile hall maintain custody of the minor to allow DHS to take custody of him, with an attached “Warrant of Removal/Deportation.” Christian admitted that he had possessed a controlled substance as alleged. Christian’s counsel indicated that she was satisfied he understood the immigration consequences of his admission. Christian stated he had traveled from Honduras to the U.S. 10 months earlier without his mother’s permission. The dispositional order required him to reside with his mother in Honduras. The court of appeal reversed. The court may have proceeded under the erroneous premise that it was compelled to transfer custody to federal authorities. The court expressly determined that it was not in Christian’s best interests to return to Honduras because he had been abandoned by his biological father who has never provided assistance or support and that his mother is unable to provide support. The conflicting findings cannot be reconciled View "In re Christian H." on Justia Law