FILED Nov 01 2019, 8:40 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 1, 2019 Guardianship of: Court of Appeals Case No. Irma Elisabeth Avila Luis, 19A-GU-1276 Ramiro Velasquez Avila, Appeal from the Jackson Circuit Court Appellant-Petitioner The Honorable Richard W. Poynter, Judge Trial Court Cause No. 36C01-1803-GU-9 Baker, Judge. Court of Appeals of Indiana | Opinion 19A-GU-1276 | November 1, 2019 Page 1 of 13 [1] Irma Elisabeth Avila Luis (“Irma”) used to live with her mother in Guatemala. Irma’s mother did not have enough money to feed or provide healthcare for her daughter. When Irma was sixteen, Irma’s mother put her on a bus, alone, to travel to the United States. Eventually, Irma was placed in the care of her brother, Ramiro Velasquez Avila (“Avila”), who lives in Seymour, Indiana. He filed a petition to become her guardian, which the trial court granted, but it refused to make required findings as to her immigration status. [2] This case has been here before, after Avila appealed the first order. This Court ordered the trial court to make the required findings. Now, the case is here again, after the trial court refused to abide by this Court’s instructions in the first appeal. We now reverse in part and remand with instructions that the trial court enter an order, instanter, bearing the language contained at the end of this opinion. Facts [3] The underlying facts were summarized by this Court as follows: Irma, born on May 20, 2000, in Chisec, Guatemala, is a native and citizen of Guatemala. Irma’s father, Hilario Velasquez de la Cruz, died when she was three years old. Until 2016, Irma lived with her mother, Julia Avila Luis (Mother), in Guatemala. In 2016, Mother became unable to provide care for Irma. She no longer could afford to feed Irma, send her to school, and provide her with medical care. Mother put Irma on a bus to the United States. Court of Appeals of Indiana | Opinion 19A-GU-1276 | November 1, 2019 Page 2 of 13 After several weeks of travelling alone to the Mexican-American border, Irma entered the United States and was detained by immigration officials and taken into federal custody. Eventually, the federal government released Irma into the custody of her brother, Avila, who resides in Seymour, Indiana. Since her release from federal custody, Irma has lived with her brother in Indiana. She is studying English and attending Seymour High School in the tenth grade. Avila meets Irma’s basic needs and supports her financially and emotionally. On March 2, 2018, Avila petitioned the trial court to appoint him as guardian of his sister and requested the trial court to make certain findings necessary for Irma to seek classification as a special immigrant juvenile before the United States Citizenship and Immigration Services (USCIS) in accordance with 8 U.S.C. § 1101(a)(27)(J). On May 11, ...
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