FILED Nov 20 2019, 5:33 am CLERK Indiana Supreme Court Court of Appeals and Tax Court ATTORNEY FOR APPELLANT Alexander E. Budzenski Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA In the Matter of the November 20, 2019 Guardianship of Court of Appeals Case No. Shirla Gonzalez Xitumul: 19A-GU-948 Appeal from the Decatur Circuit Court Miguel Hernandez Jeronimo, The Honorable Timothy B. Day, Appellant-Petitioner. Judge Trial Court Cause No. 16C01-1901-GU-1 Robb, Judge. Court of Appeals of Indiana | Opinion 19A-GU-948 | November 20, 2019 Page 1 of 17 Case Summary and Issue [1] Miguel Hernandez Jeronimo (“Hernandez”) filed a petition seeking to be appointed guardian of his niece, Shirla Gonzalez Xitumul (“Shirla”) and also seeking certain findings that could enable Shirla to seek Special Immigrant Juvenile (“SIJ”) status from the United States Citizen and Immigration Services (“USCIS”). At the time Hernandez filed the petition, he held a foreign power of attorney signed by Shirla’s parents allowing him to act on their behalf with respect to Shirla. The trial court made findings relevant to Shirla’s SIJ status but found it unnecessary to appoint Hernandez as her guardian because he already held the power of attorney. In this unopposed appeal, Hernandez raises the sole issue of whether the trial court erred in denying the petition. Concluding the trial court erred in finding the guardianship unnecessary, we reverse and remand. Facts and Procedural History [2] Shirla resided in her native country of Guatemala until October of 2017 when, at fourteen years of age and with her mother’s support, she began her journey to the United States. Shirla traveled with people she did not know, “by car or walking,” because she “didn’t feel secure” in Guatemala due to her “violent” relationship with her father: “He always hit me. He’d always get drunk. He threw me out of the house. Never – he was never there to support me, insults and mistreatment.” Transcript, Volume 2 at 12-13. When Shirla arrived in the United States, she initially lived in a shelter for immigrants in Chicago, Illinois. Court of Appeals of Indiana | Opinion 19A-GU-948 | November 20, 2019 Page 2 of 17 In October of 2018, she came to live with Hernandez and his family in Decatur County, Indiana. She does not think she could go back to Guatemala to live with her parents because she does not have the support there that she has here. Hernandez “treats [her] well[,]” supporting her and giving her an education, housing, clothing, and food. Id. at 14. She wishes Hernandez to be her guardian. [3] Hernandez has lived in Indiana since 2007 and works in construction. He is a Guatemalan citizen and an illegal immigrant to this country. He does not believe Shirla could be reunited with her parents in Guatemala “because of what she had to live – she had to go through when she was living over there with her parents.” Id. at 9. Shirla’s only other relatives in Guatemala are on her father’s side of ...
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