224 N.E.3d 345
Ind. Ct. App.2023Background
- Grisel Bonilla Lemus (Mother) filed a paternity petition in Indiana seeking sole custody of her minor child, A.J.L.B., who was born in Honduras.
- The biological father, Jaime Lazo Alvarenga, has not had contact with or provided support for the child for approximately 9-10 years.
- Mother intended to seek Special Immigrant Juvenile (SIJ) status for the child, which requires a state court order with specific findings.
- The trial court granted paternity and custody but omitted the proposed SIJ findings from its judgment.
- Mother filed a motion to correct error (seeking inclusion of SIJ findings) and a motion to amend pleadings to conform to evidence; both were denied.
- On appeal, the Court of Appeals was asked to determine if the trial court erred in denying Mother’s motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SIJ findings were properly before the court and should have been included in the judgment | Mother argued her pleadings, evidence, and proposed order sufficiently raised the SIJ findings issue | Father did not file an appellee's brief | SIJ findings were before the court; denial was error |
| Whether the pleadings should be amended to conform to the evidence regarding SIJ findings | Mother asserted amendment was supported by evidence at trial and necessary for completeness | No argument presented (no appellee brief) | Amendment should have been granted |
Key Cases Cited
- In re Guardianship of Luis, 114 N.E.3d 855 (Ind. Ct. App. 2018) (explaining state court's role in making SIJ findings for juvenile immigrants)
- In re Guardianship of Xitumul, 137 N.E.3d 945 (Ind. Ct. App. 2019) (state court required to make SIJ findings when facts and relief are before it)
- In re Paternity of Mendoza Bonilla, 127 N.E.3d 1181 (Ind. Ct. App. 2019) (applying less stringent review standard when appellee does not file a brief)