J-A11037-22 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 JUANA MARGARITA PABLO OROZCO : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : : v. : : : NOE ANIBAL CUJA TECU : No. 2474 EDA 2021 Appeal from the Order Entered November 4, 2021 In the Court of Common Pleas of Delaware County Civil Division at No(s): 2020-003046 BEFORE: BOWES, J., STABILE, J., and McLAUGHLIN, J. MEMORANDUM BY McLAUGHLIN, J.: FILED SEPTEMBER 12, 2022 Juana Margarita Pablo Orozco (“Mother”) appeals from the order denying her petition seeking the issuance of an order containing specific factual findings regarding her minor child (“B.A.C.P.”), necessary to petition the United States Citizenship Immigration Services (“USCIS”) for special immigrant juvenile status (“SIJ”) for B.A.C.P. We vacate and remand. Mother currently resides in Delaware County, Pennsylvania with B.A.C.P. B.A.C.P.’s father, Noe Anibal Cuja Tecu, resides in Guatemala, has never been involved in B.A.C.P.’s life, and has not participated in the instant matter. Before moving to the United States to live with Mother, B.A.C.P. lived with other relatives. On April 30, 2020, Mother filed for sole legal and physical custody of B.A.C.P. Almost a year later, in March 2021, the court held a hearing regarding Mother’s custody petition. During the hearing, J-A11037-22 Mother asked the court to issue findings of fact sufficient to petition USCIS for SIJ status. The SIJ statute, 8 U.S.C.A. § 1101(a)(27)(J), provides that a juvenile who qualifies as an SIJ may apply for lawful permanent residency and thus relief from deportation. Yeboah v. U.S. Dep’t of Justice, 345 F.3d 216, 221 (3d Cir. 2003). Section 1101(a)(27)(J) defines an SIJ as a juvenile: (i) who has been declared dependent on 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[.] (ii) for whom it has been determined in administrative or judicial proceedings that it would not be in the alien's best interest to be returned to the alien’s or parent’s previous country of nationality or country of last habitual residence[.] 8 U.S.C.A. § 1101(a)(27)(J). In order to obtain SIJ status, a petitioner must obtain determinations from both the state and federal systems. First, the juvenile, or someone acting on his or her behalf, must obtain an order from a state court making findings that the juvenile meets certain criteria. The necessary findings are: (1) The juvenile is unmarried and under the age of 21; (2) The juvenile is dependent on the court or has been placed under the custody of an individual appointed by the court or under the custody of an agency; (3) The juvenile court has jurisdiction under state law to make determinations regarding the custody …
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