In re the Welfare of A.S.
2016 Minn. App. LEXIS 50
| Minn. Ct. App. | 2016Background
- A.S., born in Veracruz, Mexico in 1997, lived with relatives and had a history of abuse/neglect and limited schooling before entering the U.S. as a minor.
- At age 17 A.S. was cited for underage drinking and driving (juvenile traffic offense); he pleaded guilty to underage drinking and driving and other charges were dismissed.
- The district court stayed adjudication and placed A.S. on probation up to 12 months with conditions (no law violations, community service, MADD panel, obey home/school rules, no drugs/alcohol, fee).
- A.S. moved for state-court findings required to apply for Special Immigrant Juvenile (SIJ) status under 8 U.S.C. § 1101(a)(27)(J): (1) dependency/commitment or custody by a juvenile court or state agency; (2) reunification with one or both parents not viable due to abuse/neglect/abandonment; (3) return not in best interest.
- The district court found A.S. was not "dependent on a juvenile court" nor "committed to, or placed under the custody of" a state agency or an appointee; it also did not find reunification nonviable on the statutory grounds.
- A.S. appealed, arguing the juvenile-court jurisdiction over his traffic offense and his probation satisfied the SIJ prerequisite; the appellate court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district-court jurisdiction over a juvenile traffic offense plus probation satisfies the SIJ prerequisite that the child be "declared dependent on a juvenile court" or "committed to, or placed under the custody of" a state agency, department, or court-appointed individual/entity | A.S.: juvenile-court jurisdiction and probation amount to dependency or custody/commitment for SIJ purposes | State/District Court: traffic-offense jurisdiction and probation do not equal a dependency adjudication nor commitment/custody as contemplated by the SIJ statute | Court: No — probation for a juvenile traffic offense does not satisfy the "dependent" or "committed/custody" prerequisites of 8 U.S.C. § 1101(a)(27)(J)(i) |
Key Cases Cited
- In re Guardianship of Guaman, 879 N.W.2d 668 (Minn. Ct. App. 2016) (explains SIJ purpose and limits of state-court findings)
- Yeboah v. U.S. Dep’t of Justice, 345 F.3d 216 (3d Cir. 2003) (SIJ prevents deportation to abusive or neglectful parents)
- Leslie H. v. Superior Court, 224 Cal. Rptr. 3d 729 (Cal. Ct. App. 2014) (child adjudicated delinquent and placed in juvenile hall then supervised by welfare agency can meet SIJ commitment/custody criterion) (distinguished)
- City of Brainerd v. Brainerd Invs. P’ship, 827 N.W.2d 752 (Minn. 2013) (statutory interpretation principles; use plain meaning when terms undefined.)