()

Judge Robert I. Caloras

 

Read Full-Text Decision

K.S. moved for issuance of an order for Special Immigrant Juvenile Status (SIJS). The motion was denied, and he sought leave to renew his motion for a SIJS finding. While court granted motion for leave to renew, it denied the motion for an SIJS finding. It noted a pre-requisite to bringing an SIJS petition before Department of Homeland Security was for Family Court to issue an order of special findings. For a juvenile to qualify for SIJS a court must find reunification of the juvenile with one or both parents was not viable due to parental abuse, neglect or abandonment and it would not be in the juvenile’s best interest to return to the prior country of last habitual residence. The court previously issued an order of disposition placing KS on probation, but a violation petition was filed alleging KS violated conditions of probation by being arrested. KS admitted to an assault, and as a result, the court made a finding KS violated probation extending probation. KS argued the court’s order of disposition placing him in a non-secure facility established a dependency on this court for a SIJS finding. The court disagreed stating a placement in a juvenile delinquency matter did not satisfy the dependency requirement necessary for an SIJS finding as it would circumvent the intent behind the SIJS statute.