J-A17001-23 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT OP 65.37 JOSE DENY VASQUEZ-CORDOBA : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : : v. : : : MARIXA HERNANDEZ-MALDONADO : No. 123 EDA 2023 A/K/A MARITZA HERNANDEZ- : MALDONADO : Appeal from the Order Entered December 20, 2022 In the Court of Common Pleas of Delaware County Civil Division at No(s): CV-2022-009297 BEFORE: KING, J., SULLIVAN, J., and PELLEGRINI, J.* MEMORANDUM BY PELLEGRINI, J.: FILED JULY 19, 2023 Jose Deny Vasquez-Cordoba (Father) appeals from the order entered in the Court of Common Pleas of Delaware County (trial court) denying his emergency petition for custody of his son, D.X.V-H. (d.o.b. 1/03/05). We dismiss the appeal as moot. I. Father and Marixa Hernandez-Maldonado (Mother) are the parents of D.X.V.-H., who is a native and citizen of Honduras. Father and Mother were never married. Father resides in Delaware County and Mother is a resident of Rock Springs, Wyoming. On June 9, 2021, D.X.V.-H. entered the United ____________________________________________ * Retired Senior Judge assigned to the Superior Court. J-A17001-23 States and was held by the U.S. Department of Homeland Security (DHS) for ten days before being transferred to a DHS facility in El Paso, Texas on June 18, 2021. The next day, after being released into Father’s custody, he traveled to Upper Darby to live with him. He continues to reside with Father and attends school. The DHS placed D.X.V.-H. in removal proceedings and a hearing was scheduled for January 26, 2023. On December 8, 2022, Father filed a complaint in custody and the subject emergency petition for custody of D.X.V.-H. Father sought emergency custody of D.X.V.-H. to avoid his son’s deportation to Honduras due to the country’s poor economic conditions and its gang-related violence. Specifically, Father sought custody of D.X.V.-H. before his 18th birthday on January 3, 2023, so that D.X.V.-H. could apply to the DHS for Special Immigrant Juvenile Status (SIJS)1 which would enable him to obtain his U.S. permanent resident card. The emergency petition averred that Mother did not object to the custody proceedings. (See Emergency Petition, 12/08/22, at ¶¶ 10, 18, 22- 25). On December 15, 2022, Father filed an affidavit signed by Mother in ____________________________________________ 1 8 U.S.C. § 1101(a)(27)(J)(i) (“The term ‘special immigrant’ means … an immigrant who is present in the United States … who has been … placed under the custody of … an individual or entity appointed by a … juvenile court located in the United States, and whose reunification with 1 or both of the immigrant’s parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law.”). -2- J-A17001-23 which she accepted service of the custody complaint and emergency petition and requested the emergency petition be granted. (See Affidavit, 12/15/22). On December 16, 2022, the trial court denied the emergency petition. It explains in pertinent part that: [D.X.V.-H.], pursuant to the Petition, is currently in the care and custody of [Father]. The Petition simply states that [D.X.V.-H.] was …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals