469 P.3d 181
Nev.2020Background
- K.M.L. was born in El Salvador in 2007; mother Mariela Edith Lopez informed father Manuel Serbellon Portillo of the birth and personally served him with the custody complaint; Serbellon Portillo provided no support, had no contact, and lives in El Salvador.
- K.M.L. lived with Lopez's mother in El Salvador until 2017, then relocated to the U.S. to live with Lopez due to safety concerns (gang activity) and lack of caregivers.
- Lopez filed a custody action seeking primary physical and legal custody and asked the district court to make the predicate findings required for a Special Immigrant Juvenile (SIJ) status petition (dependency/custody, reunification not viable, and best interest).
- The district court awarded Lopez primary physical and legal custody and found it was in the child’s best interest to remain with Lopez, but declined to find that reunification with the father was "not viable," stating it could not predict whether the father might seek reunification in the future.
- Lopez appealed the denial of the SIJ reunification finding; the Nevada Supreme Court reviewed whether the district court applied the correct legal standard for the SIJ reunification prong.
Issues
| Issue | Plaintiff's Argument (Lopez) | Defendant's Argument (Serbellon Portillo) | Held |
|---|---|---|---|
| Whether the district court misinterpreted the SIJ "reunification not viable" prong by requiring impossibility rather than lack of practicability/workability | District court applied too demanding a standard (asked whether reunification was impossible rather than whether it was practicable/workable given abandonment) | Reunification might be possible in the future; court cannot predict future efforts to reunify | Reversed in part: court erred; "not viable" means reunification is not practicable/workable. Court adopted multi‑factor approach and remanded for SIJ findings under that framework |
| Whether the custody award should be disturbed | Custody award was proper and supported by the record | Father did not meaningfully contest the custody decision | Affirmed: custody award of primary physical and legal custody to Lopez upheld |
Key Cases Cited
- Amaya v. Guerrero Rivera, 135 Nev. 208, 444 P.3d 450 (Nev. 2019) (explains SIJ predicate findings and Nevada authority to make them)
- J.U. v. J.C.P.C., 176 A.3d 136 (D.C. 2018) (adopts a viability inquiry focused on practicability/workability and the parent–child history)
- Romero v. Perez, 205 A.3d 903 (Md. 2019) (expands on J.U. and lists nonexhaustive factors for assessing reunification viability)
- Kitoko v. Salomao, 215 A.3d 698 (Vt. 2019) (adopts J.U./Romero approach to SIJ reunification analysis)