FILED Jun 05 2019, 8:32 am CLERK Indiana Supreme Court Court of Appeals and Tax Court ATTORNEYS FOR APPELLANT Brian J. Paul Erica K. Drew Kayla D. Britton Faegre Baker Daniels LLP Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA In the Matter of the Paternity of June 5, 2019 Kevin Yafet Mendoza Bonilla Court of Appeals Case No. 18A-JP-2488 Kevin Yafet Mendoza Bonilla aka Kevin Yafeth Mendoza Appeal from the Marion Circuit Bonilla, a Minor, By his Next Court Friend, Perla Maily Bonilla The Honorable Sheryl L. Lynch, Acosta, Judge Appellant, The Honorable Marie L. Kern, Magistrate v. Trial Court Cause No. 49C01-1607-JP-23926 Marco Tulio Mendoza Maldonado, Appellee. Brown, Judge. Court of Appeals of Indiana | Opinion 18A-JP-2488 | June 5, 2019 Page 1 of 11 [1] Kevin Yafet Mendoza Bonilla aka Kevin Yafeth Mendoza Bonilla (“Kevin”) appeals the trial court’s paternity order and denial of an amended order. Kevin raises one issue which we revise and restate as whether the trial court had the authority and duty to make requisite findings on his special immigrant juvenile status in accordance with 8 U.S.C. § 1101(a)(27)(J). We reverse and remand. Facts and Procedural History [2] On July 6, 2016, Kevin by his next friend and mother, Perla Maily Bonilla Acosta (“Mother”), filed a verified petition to establish paternity in the Marion Circuit Court. The petition requested that the court issue findings of fact and conclusions of law regarding Kevin’s care including that “[i]t is not in Kevin’s best interests to return to his home country of Honduras because: (1) there are no suitable adults there who can provide for his care and (2) there are dangerous living conditions in that country,” and that Kevin cannot be reunited with his father, Marco Tulio Mendoza Maldonado (“Father”), due to Father’s abandonment of Kevin. Appellant’s Appendix Volume II at 9. On July 8, 2016, Mother filed an “Affidavit of [Mother] Pursuant to Uniform Child Custody Jurisdiction Act.” Id. at 11 (capitalization omitted). [3] On November 16, 2017, Kevin by Mother as next friend filed a Motion for Court to Issue an Order Establishing Paternity or in the Alternative to Set a Hearing to Establish Paternity. That same day, Father filed a Consent to Jurisdiction in which he asserted that Kevin was born to him and Mother on January 26, 2000, and that he ceased contact with Kevin on the day Kevin was born, did not continue a parental relationship after that time, and did not Court of Appeals of Indiana | Opinion 18A-JP-2488 | June 5, 2019 Page 2 of 11 dispute any of the factual allegations contained in the petition. On November 30, 2017, Kevin by Mother as next friend filed a Motion for Expedited Hearing. [4] On March 27, 2018, the court held a hearing. The court stated: “My review of the file suggest[s] that you are attempting to get an order from this Court to establish special juvenile immigration status, counsel is that correct?” Transcript at 4. Mother’s counsel ...
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