J-A10021-23 2023 PA Super 111 LICELY JUAREZ VELASQUEZ : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : v. : : LIZARDO MARROQUIN MIRANDA : : Appellee : No. 2688 EDA 2022 Appeal from the Order Entered September 20, 2022 In the Court of Common Pleas of Delaware County Civil Division at No(s): CV-2021-002235 BEFORE: PANELLA, P.J., KING, J., and STEVENS, P.J.E.* OPINION BY KING, J.: FILED JUNE 20, 2023 Appellant, Licely Juarez Velasquez (“Mother”), appeals from the order entered in the Delaware County Court of Common Pleas, which declined to find her minor children, S.M.J. (born in 2007) and E.M.J. (born in 2010) (“Children”) eligible for Special Immigrant Juvenile Status (“SIJS”).1 We affirm. The relevant facts and procedural history of this case are as follows. Mother and Appellee, Lizardo Marroquin Miranda (“Father”), are the biological parents of Children. On March 5, 2021, Mother filed a custody complaint seeking sole legal and physical custody of Children. Mother also attached to ____________________________________________ * Former Justice specially assigned to the Superior Court. 1 “The SIJ[S] statute, 8 U.S.C.S. § 1101(a)(2)(J), provides that a juvenile who qualifies [for SIJS] may apply for lawful permanent residency and thus relief from deportation.” Orozco v. Tecu, 284 A.3d 474, 476 (Pa.Super. 2022). J-A10021-23 her custody complaint a proposed order asking the court to award Children SIJS. The court scheduled a hearing for June 22, 2022. At the June 22, 2022 hearing, the court raised questions concerning its jurisdiction because neither of the parties are citizens of the United States nor are Children citizens of the United States.2 Mother subsequently briefed the jurisdictional issue and argued that under Section 5402 of the Uniform Child Custody Jurisdiction and Enforcement Act, the court had exclusive jurisdiction over the custody matter because Pennsylvania is the home state of Children.3 On July 7, 2022, the court entered an order asserting that it lacked jurisdiction over the custody matter. The next day, Mother filed a petition for reconsideration and an evidentiary hearing. The court granted relief and scheduled a custody trial for August 15, 2022. The court held a custody trial on August 15, 2022, at which Mother ____________________________________________ 2 The parties and Children are citizens of Guatemala. Mother moved to Pennsylvania with Children in December 2018. Father still resides in Guatemala. 3 See 23 Pa.C.S.A. § 5421(a) (explaining that court of this Commonwealth has jurisdiction to make initial custody determination only if Commonwealth is home state of child on date of commencement of proceeding); 23 Pa.C.S.A. § 5402 (defining “home state” as state in which child lived with parent for at least six consecutive months immediately before commencement of child custody proceeding). Mother further asserted that she and Children were not unlawfully present in the United States because they have pending asylum claims. See 8 U.S.C. § 1182(a)(9)(B)(iii)(II) (stating no period of time in which alien has bona fide application for asylum pending shall be taken into account in determining period of unlawful presence in United States). -2- J-A10021-23 testified.4 …
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