Filed 12/23/19; Modified and Certified for Publication 1/8/20 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE O.C., a Minor, G058416 Petitioner, (Super. Ct. No. 30-2019-01049051) v. OPINION THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; BLANCA ODILIA CARRILLO GALLARDO, as Guardian, etc., Real Party in Interest. Appeal from findings by the Superior Court of Orange County, David L. Belz, Judge. Appeal treated as petition for writ of mandate. Petition granted. Public Counsel, Mary Tanagho Ross, Lucero Chavez; Akin Gump Strauss Hauer & Feld, Rex S. Heinke and Jessica M. Weisel for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest. * * * INTRODUCTION Special immigrant juvenile findings (SIJ findings) based on state law are a necessary first step under the federal immigration law that allows abandoned, unaccompanied minors living in the United States to apply for status as permanent legal 1 2 residents. (8 U.S.C. § 1101(a)(27)(J); Code Civ. Proc., § 155. ) In this case, O.C., a 14-year-old refugee from Guatemala, asked the superior court to make the required SIJ findings based on California law. A mandatory Judicial Council form has been created for this purpose. Items 4(b), 5, and 6 require the superior court to detail its findings, citing California law. The superior court failed to cite California statutory or case law in items 4(b) and 6, and did not check the box in item 5 to indicate O.C. cannot reunify with her mother, who is deceased. We treat the notice of appeal as a petition for writ of mandate. We grant the petition and order the probate court to vacate the August 1, 2019 SIJ findings and issue new findings in items 4(b) and 6 of the mandatory Judicial Council form (FL-357/GC-224/JV-357) based on state law, as proposed by O.C. and in compliance 1 The federal government may grant special immigrant juvenile status to a minor “who has been declared dependent [in] a juvenile court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State, or an individual or entity appointed by a State or 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” provided “it has been determined in administrative or judicial proceedings that it would not be in the [minor’s] best interest to be returned to the [minor’s] . . . previous country.” (8 U.S.C. § 1101(a)(27)(J)(i), (ii).) 2 All undesignated statutory citations refer to the Code of Civil Procedure. 2 with title 8 United States Code section 1101(a)(27)(J), 8 Code of Federal Regulations part 204.11 (2019), and Code of Civil Procedure section 155. STATEMENT OF FACTS AND PROCEDURAL HISTORY O.C., now 14 years old, was born in Jutiapa, Guatemala. O.C. was 12 years old when her mother died. O.C.’s father ...
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals