Justia Immigration Law Opinion Summaries

A mother filed for sole custody of her two daughters, alleging the father, who resides in Guatemala, had abused, neglected, and abandoned the children. The Delaware County Court of Common Pleas granted her sole custody but denied her request for Special Immigrant Juvenile (SIJ) findings, which are necessary for the children to seek SIJ status with federal immigration authorities. The court found insufficient evidence of abuse, neglect, or abandonment under Pennsylvania law and questioned whether it was in the children's best interest to issue an SIJ order.The mother appealed to the Superior Court of Pennsylvania, which affirmed the lower court's decision. The Superior Court held that SIJ determinations could only be made in dependency proceedings, not in custody proceedings where one parent is awarded sole custody.The Supreme Court of Pennsylvania reviewed the case and reversed the Superior Court's decision. The Court clarified that under federal SIJ law, a child involved in custody proceedings resulting in sole custody being awarded to a parent in the United States can seek SIJ determinations in that context. The Court held that the Superior Court erred in limiting SIJ determinations to dependency proceedings and that the record supported the children's entitlement to predicate SIJ determinations.The Supreme Court directed the custody court to enter orders consistent with its opinion, including findings that reunification with the father is not viable due to abandonment and neglect, and that it is not in the children's best interest to return to Guatemala. The case was remanded to the custody court for entry of these orders. View "Velasquez v. Miranda" on Justia Law