Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections may be made before the bound volumes go to press. DISTRICT OF COLUMBIA COURT OF APPEALS No. 16-FM-929 GLENDA DEL CARMEN BENITEZ, APPELLANT, v. JOHN DOE, APPELLEE. Appeal from the Superior Court of the District of Columbia (DRB-4307-15) (Hon. Hiram E. Puig-Lugo, Trial Judge) (Submitted June 29, 2017 Decided September 6, 2018) Michael E. Zielinski was on the brief for appellant. No brief was filed for the appellee. Before THOMPSON and BECKWITH, Associate Judges, and WASHINGTON, Senior Judge. WASHINGTON, Senior Judge: In 2013, J.V.B., the minor at the center of this appeal, illegally entered the United States as an unaccompanied minor from El Salvador to join her mother (“the mother” or “appellant”), who has been a resident of this country since 2005. On appeal, the mother challenges the trial court’s April 26, 2016, and May 26, 2016, orders denying her motion for a Special Immigrant 2 Juvenile (“SIJ”) Status finding pursuant to the requirements of 8 U.S.C. § 1101 (a)(27)(J) (2009 Supp. II). In light of the record before us, we agree with the mother that such a finding is mandated. I. The Trial Court’s Ruling J.V.B. was born on May 31, 2004, in El Salvador and lived with her mother and maternal grandmother for the first year of her life. In 2005, J.V.B.’s mother moved to the United States, where she has since resided with J.V.B.’s two half- siblings. Prior to her departure, the mother arranged for J.V.B.’s maternal grandmother to care for J.V.B. In the years they lived apart, the mother sent the maternal grandmother $100-150 every fifteen days to support J.V.B., and spoke on the phone with J.V.B. “two or three times a week.” At the time of J.V.B.’s conception, the mother was approximately eighteen years old and had been in a relationship with Walter Alvarado for four to five months. The mother believed Mr. Alvarado was J.V.B.’s father, though Mr. Alvarado never expressed any interest in parenting her. 1 1 For approximately twelve years, both the mother and Mr. Alvarado’s sister believed Mr. Alvarado was J.V.B.’s father. In her declaration, the mother attested (continued…) 3 In 2012, while residing in the United States, the mother was assaulted by the brother of her former boyfriend. After reporting the assault to the police, the mother’s former boyfriend informed the mother that “he knew [she] had family in El Salvador and, if his brother was deported,” her family “would pay for it.” The mother interpreted his comments “as a threat to do physical harm to her family in El Salvador.” In 2013, due to these threats, as well as general gang activity that threatened the safety of J.V.B., J.V.B. came to the United States to live with her mother where she has resided since her arrival. Based on the belief that Mr. Alvarado was J.V.B.’s biological ...
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