In re J.E.
432 N.J. Super. 361
| N.J. Super. Ct. App. Div. | 2013Background
- Petitioner Mendez seeks custody of her minor sons J.E. and J.C. and special findings antecedent to SIJS under 8 U.S.C.A. § 1101(a)(27)(J) and 8 C.F.R. § 204.11.
- Children are Honduran citizens; petitioner is Salvadoran; TPS status for petitioner is pending expiration in 2013.
- Boys were in Honduras with father and stepmother; they faced abuse, neglect, and danger linked to father’s drug trafficking.
- Boys entered the United States in 2011 after escape from Honduras; immigration authorities placed them with petitioner in New Jersey for safety.
- Petitioner has resided in Hammonton, New Jersey since 2000s; the court held the boys in her custody and granted SIJS-eligibility findings.
- Court proceedings occurred March-April 2013, culminating in a plenary hearing and memorialized findings on the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has jurisdiction to make SIJS findings under parens patriae | Mendez asserts parens patriae allows custody and SIJS findings | State contends jurisdiction should align with statutory prerequisites | Yes; court has parens patriae and custody jurisdiction to make SIJS findings. |
| Whether reunification with a parent is not viable due to abuse/neglect/abandonment | Mendez shows abandonment/abuse/neglect by father and stepmother | Respondent argues reunification viability could still exist | Not viable; reunification with at least one parent is not possible. |
| Whether it is in the best interests of the boys to remain in the United States | Mendez demonstrates the boys thrive in U.S. and face danger if returned | Respondent contends potential return could be in best interests | Not in the boys' best interests to return to Honduras. |
Key Cases Cited
- D.C. v. A.B.C., 417 N.J. Super. 41 (Ch. Div. 2010) (SIJS eligibility and dependency prerequisites; expansion of SIJS)
- In re Guardianship of J.C., 129 N.J. 1 (1992) (abuse/neglect definitions; guardianship standards)
- In re Guardianship of K.L.F., 129 N.J. 32 (1992) (abandonment and neglect standards in guardianship)
- In re Baby M., 217 N.J. Super. 313 (Ch. Div. 1987) (best interests standard; welfare of the child)
- Kinsella v. Kinsella, 150 N.J. 276 (1997) (primacy of child's best interests in custody)
- Pelow v. Pelow, 300 N.J. Super. 634 (Ch. Div. 1996) (parens patriae and protective duties for children)
- Chevron U.S.A. Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837 (1984) (agency regulations may be invalid where contrary to statute)