Guardianship of SAUL H. SAUL H., Petitioner and Appellant, v. JESUS RIVAS et al., Real Parties in Interest.
S271265
IN THE SUPREME COURT
August 15, 2022
Second Appellate District, Division One B308440 Los Angeles County Superior Court 19AVPB00310
Justice Groban authored the opinion of the Court, in which Justices Corrigan, Liu, Kruger, Jenkins, and Guerrero concurred. Chief Justice Cantil-Sakauye filed a concurring
Opinion of the Court by Groban, J.
Saul H. left his native El Salvador at the age of 16, fleeing gang violence. Saul‘s parents started sending him to work in the fields in the summers when he was 10 years old. When Saul was 15, his parents made him stop going to school after gang members twice approached him outside of class, attempted to recruit him, and when he refused to join, threatened to kill him and his family. Saul then got a job to help provide food for his family, but a gang member approached him there too, threatening to “disappear” him unless he paid a gang “tax.” Saul eventually left El Salvador on his own, against the wishes of his parents.
In the United States, a distant relative took Saul in and agreed to serve as his guardian. Saul petitioned the probate court to issue the predicate findings he needs to support an application to the federal government for special immigrant juvenile status, which allows qualifying immigrants under the age of 21 to seek lawful permanent residence. (
The probate court denied Saul‘s petition. The court determined that because his parents’ inability to provide for and protect him was due to their poverty, Saul could not establish reunification with his parents was “not . . .
We granted review to provide guidance on the statutory requirements governing California courts’ issuance of special immigrant juvenile predicate findings. We conclude the probate court applied аn incorrect legal framework in ruling on Saul‘s petition. Applying the correct framework, we hold that it is not viable to reunify Saul with his parents because he would face a “substantial risk” of “serious physical harm” as a result of his parents’ failure or inability to adequately protect him. (
I. BACKGROUND
A. Special Immigrant Juvenile Status
Congress created the special immigrant juvenile (SIJ) classification in 1990 to protect certain immigrant children and allow them to remain in the United States when it would not be in their best interests to be returned to their home countries. (Immigration Act of 1990, Pub.L. No. 101-649, § 153 (Nov. 29, 1990) 104 Stat. 4978, § 153; Bianka M. v. Superior Court (2018) 5 Cal.5th 1004, 1012 (Bianka M.).) As amended, the law permits an immigrant ” ‘child’ ” — a term defined as “an unmarried person under twenty-one years of age” (
In 2014, the California Legislature enacted
B. Factual Background
With this legal background in mind, we now turn to the facts of Saul‘s case, which are taken from the declaration he submitted in support of his petition for SIJ predicate findings under section 155.1
Saul was born in El Salvador on December 2, 2001, and lived there until, at the age of 16, he left his home and family and set out for the United States.
Saul‘s parents began sending him to work in the fields with his grandfather during the summers when he was 10 years old. Saul would harvest fruit and vegetables for six to seven hours every day, which left him completely exhausted. His grandfather gave him some money for his work, which Saul used to buy necessities, such as food, clothing, and shoes.
When Saul was in the ninth grade, gang members began targeting him for recruitment. Two men with tattoos of devil horns approached him outside of class, asked him where he was from, and demanded that he join their gang. When he told them that he did not like gangs and did not want to join, they threatened to kill him and his family. Gang members had killed many young people in Saul‘s neighborhood, and Saul was very afraid. When he got home from school, he told his parents what had happened. His father went to the police, who said they would investigate.
Despite his fear, Saul kept going to school. He wanted to continue his education and graduate. A few weeks later, the same gang members again approached Saul at school and tried to recruit him. When he refused to join the gang, they again threatened to kill him and his family. His father wеnt back to the police and reported the new incident, but the police did nothing and his parents did not follow up.
Saul‘s parents made him stop going to school and start working. Saul got a job at a car wash. When Saul had been working at the car wash for a few months, a gang member approached him and demanded he pay a “tax,” threatening to make him disappear if he did not do so. Afraid, Saul told his parents he wanted to leave El Salvador, but they said it would be too dangerous and insisted he stay.
Because his parents could not protect him from the gangs and did not want him to leave, Saul decided to leave without their knowledge or help. He continued to work at the car wash, in constant fear that gang members would return and kidnap or kill him. He used half his earnings to buy food for his family and saved the rest. When he had saved enough money, Saul left for the United States without telling his parents.
Saul entered the United States as an unaccompanied immigrant minor in August 2018 and was transferred to the custody of the United States Office of
C. Procedural Background
On December 3, 2019 — the day after his eighteenth birthday — Saul filed his petition for SIJ predicate findings in the probate court. In the declaration supporting his petition, Saul states that he feels “happy and cared for” because Rivas provides him with food and shelter and ensures he gets health care and can continue his education. Saul expresses his desire to “remain in Rivas‘s care and graduate from high school.” He notes that “[m]y only responsibility for the first time is focusing on my education. I feel safe, far from the threatening gang members.” Saul expresses his fear that if he is returned to El Salvador, gangs will come after him with threats of violence or even kill him. He states his belief that he “cannot hide” from the gangs, from which his parents are unable to protect him.
Together with his petition, Saul submitted proposed SIJ predicate findings. Saul proposed the probate court find that reunification with his parents is not viable due to their failure to provide him with adequate care and protection. The proposed findings сited to
The probate court denied Saul‘s petition in a written decision, issued after briefing and oral argument, but without an evidentiary hearing. In a hearing on Saul‘s petition, the probate court expressed the view that in El Salvador “poverty breeds” child labor and violence “[b]ut being poor or living in [an] impoverished country is not a basis to grant a [special immigrant juvenile status] petition.” In its written decision, the court declared that Saul‘s petition “only raises one issue for the Court to decide. Does the poverty of the family, which resulted in Saul being required to leav[e] school and begin working at an early age, qualify as ‘neglect’ or ‘abuse’ under
The court next turned to whether it would be in Saul‘s best interest to be returned to El Salvador. The court stated that because Saul is “no longer a minor” and so “no longer reliant on [his] parents for a permanent, safe, stable, and loving environment” it could not conclude the “issues” he had faced in El Salvador when he was younger would “continue to exist.” While the court observed that “the United States offers Saul greater benefits” than El Salvador, it noted that Saul “speaks the language and lived there almost his entire life” and he has “both parents, siblings, and grandfather” there. It acknowledged that “there are hardships he will face in his native country (alleged gang issues),” but opined that “El Salvador also produces doctors, lawyers, and other professionals who have been able to avoid these pitfalls” and Saul had no “issues” with “criminal activity” aside from “the alleged requests to join the gangs (which he resisted).”
Saul appealed and the Court of Appeal affirmed. (S.H.R., supra, 68 Cal.App.5th, at pp. 573-574, 583.)2 The court concluded that Saul had the burden of proving the facts supporting SIJ predicate findings by a preponderance of the evidence. (Id. at p. 574.) Reasoning that “[b]ecause the trial
court found his evidence did not support the requested findings, [Saul] has the burden on appeal of showing that he is entitled to the SIJ findings as a matter
II. DISCUSSION
Saul contends the Court of Appeal erred in concluding that petitioners must prove the facts necessary to demonstrate entitlement to SIJ predicate findings by a preponderance of the evidence and in applying the wrong standard of review. He further argues that the probate court misconstrued state and federal law in various ways in denying his petition. We discuss each of these arguments below.
A. Burden of Proof
Saul first argues the Court of Appeal erred in holding that a petitioner must prove the facts necessary to support SIJ predicate findings “by a preponderance of the evidence.” (S.H.R., supra, 68 Cal.App.5th at pp. 569, 574.) The Legislature did not sрecify a burden of proof and, as the Court of Appeal noted, preponderance of the evidence is the default burden of proof for findings of fact in civil cases. (Id. at p. 574; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 861; see
First, section 155 specifies that the evidence supporting SIJ predicate findings “may consist solely of, but is not limited to, a declaration by the child who is the subject of the petition . . . .” (
The Legislature‘s determination that a child‘s declaration alone can constitute evidence sufficient to establish eligibility for SIJ predicate findings is consistent with congressional intent. When creating special immigrant juvenile status, “Congress knew . . . ‘that those seeking the status would have limited abilities to corroborate [their own] testimony with additional evidence’ ” because they would be children who had traveled many miles from their homes to escape difficult circumstances. (B.R.L.F., supra, 200 A.3d at p. 777; see, e.g.,
This is not to suggest a superior court should abdicate its factfinding responsibility. (Romero, supra, 205 A.3d at p. 915.) The declarations children submit with their petitions will not always be sufficient to establish eligibility for SIJ predicate findings.
However, superior courts may not ignore or discredit facts shown by a child‘s declaration based on surmise or on evidence outside the record or draw speculative inferences against the child. Were a court permitted to do these things, the effect would be to require the child to submit evidence beyond a declaration even when the declaration establishes the facts necessary to support SIJ predicate findings. (See Leslie H. v. Superior Court (2014) 224 Cal.App.4th 340, 352 (Leslie H.) [reversing denial of petition for SIJ predicate findings where “court based its finding on anecdotal impressions, untethered to any evidence in this case“].) Such an approach would be inconsistent with the Legislature‘s determination that the evidence supporting SIJ predicate findings “may consist solely of” the child‘s declaration. (
This limit on the role of state courts makes sense when considered in the context of the cooperative scheme Congress established for identifying immigrant children entitled to protection as special immigrant juveniles. (Special Immigrant Juvenile Petitions 87 Fed.Reg. 13066, 13076-13077, 13081, 13086 (Mar. 8, 2022).) In assigning state courts the task of making SIJ predicate findings, Congress recognized their particular competence in making child welfare determinations. (In re Y.M. (2012) 207 Cal.App.4th 892, 908; Perez-Olano v. Gonzalez (C.D.Cal. 2008) 248 F.R.D. 248, 265.) State courts, however, lack both the authority and competence to make immigration status determinations, which are the exclusive province of the federal government. (Arizona v. United States (2012) 567 U.S. 387, 394-395; DeCanas v. Bica (1976) 424 U.S. 351, 354.) For these reasons, Congress assigned to federal authorities, not state courts, the determination whether a child‘s request for SIJ status is bona fide. (J.U., supra, 176 A.3d at p. 141, fn. 9.)4
Third, section 155 provides that the superior court “shall issue” the findings if “there is evidence to support” them. (
B. Merits
Having addressed the burden of proof, we now turn to the merits. Saul argues the probate court erred in denying his petition by using unduly stringent standards to assess the nonviability of reunification and whether it would be in his best interest to be returned to El Salvador. He also contends the Court of Appeal applied the wrong standard of review. We agree and conclude that the uncontested evidence in Saul‘s declaration supports issuance of the findings.
1. Standard of Review
Saul contends the Court of Appeal misunderstood him to be arguing factual error rather than legal error, leading it to apply an overly deferential standard of review to the probate court‘s decision. (See S.H.R., supra, 68 Cal.App.5th at p. 574 [“here . . . ‘the party who had the burden of proof in the [trial] court contends the court erred in making findings against [him]’ “].) Trial courts “generally are in a better position to evaluate and weigh the evidence” than appellate courts. (Haworth v. Superior Court (2010) 50 Cal.4th 372, 385.) Accordingly, an appellate court should accept a trial court‘s factual findings if they are reasonable and supported by substantial evidence in the record. ( Boling v. Public Employment Relations Bd. (2018) 5 Cal.5th 898, 912-913; see People v. Barnwell (2007) 41 Cal.4th 1038, 1052.) And if a court holds an evidentiary hearing, it may make credibility determinations, to which an appellate court would generally defer. (See Haworth, at p. 385; but see Leslie H., supra, 224 Cal.App.4th at pp. 344, 352 [not deferring to superior court‘s adverse crеdibility determination where evidence in record overwhelmingly established factual basis for findings].)
However, “the application of law to undisputed facts ordinarily presents a legal question that is reviewed de novo.” (Boling, at p. 912.) Similarly, our review is de novo when “the question is predominantly legal” and “requires a critical consideration, in a factual context, of legal principles and their underlying values.” (Crocker National Bank v. City and County of San Francisco (1989) 49 Cal.3d 881, 888; Haworth, at p. 385.) That is precisely the type of review called for here. In ruling on Saul‘s petition, the probate court did not weigh the evidence. It did not hold an evidentiary hearing or make credibility determinations based on what it heard and observed. Instead, it accepted as true the facts described in Saul‘s declaration. (See
2. The Nonviability of Reunification Determination
Saul argues that the probate court erred in several ways in denying his request for a finding that “reunification” with his parents is “not . . . viable because of abuse, neglect, abandonment, or a similar basis pursuant to California law.” (
We begin by noting that the purpose of the nonviability of reunification inquiry is to identify children whom it would not be viable — meaning not workable or practical — to return to live with a parent. (See Romero, supra, 205 A.3d at p. 915 [“viable” means “workable or practical“]; Kitoko, supra, 215 A.3d at p. 708 [” ‘viability’ ” means ” ‘workability or practicability’ “]; Lopez v. Serbellon Portillo (2020) 136 Nev. 472, 474 [469 P.3d 181] (Lopez) [same].)5 In making this inquiry, courts should consider all relevant circumstances, including the ongoing psychological and emotional impact on the child of the past relations between the child and the parent, how forced reunification would affect the child‘s welfare, the parent‘s ability and willingness to protect and care for the child, and the parent‘s living conditions. (See Romero, at p. 915; Lopez, at p. 184.)
With this general guidance in mind, we turn to Saul‘s first contention: that the courts below improperly focused on whether his parents were blameworthy. The probate court construed Saul‘s petition as presenting “one issue“: whether “the poverty of the family, which resulted in [Saul] being required to leav[e] school and begin working at an early age, qualif[ies] as ‘neglect’ or ‘abuse’ under . . . [s]ection 155.” Citing cases in which the termination of parental rights was at stake, the court asserted that “the law is clear that ‘pоverty alone’ is not a basis for judicial, neglect-based intrusion,” which it considered to include the issuance of SIJ predicate findings. Saul argues the probate court erred in applying this “poverty alone” rule in the context of a petition for SIJ predicate findings, in which parental rights are not at issue.
We have observed that the termination of parental rights “is a uniquely serious step — one widely recognized as ranking ‘among the most severe forms of state action.’ ” (In re A.R. (2021) 11 Cal.5th 234, 245.) Accordingly, courts have held that a trial court may not terminate parental rights unless the state has first made efforts to assist a parent suffering from poverty. (See, e.g., In re Serenity S. (2020) 55 Cal.App.5th 355, 374 [“where family bonds are strained by the incidents of poverty, the [social services] department must take steps to assist the family, not simply remove the child and leave the parent on their own to resolve their condition and recover their children“].)
In the context of SIJ predicate findings, by contrast, the parent and child are already separated, parental rights are not at stake, and courts have no authority to оrder services to assist impoverished parents. In this context, the policy considerations animating the poverty alone rule are inapplicable. Instead, courts consider whether any state law definition of abuse, neglect, abandonment, or a similar basis applies for the purpose of determining whether it would be workable or practical to return children to live with their parents. (See J.U., supra, 176 A.3d at p. 141; Kitoko, supra, 215 A.3d at p. 708; Lopez, supra, 469 P.3d at p. 184.) The fact that harm to the child is attributable to a parent‘s poverty does not preclude a court from determining that reunification with the parent is not viable.6 Instead, the focus of the nonviability inquiry is on the effect of that harm on the workability or practicality of returning the child to live with the parent. The probate court‘s reliance on the poverty alone rule was misplaced.
The Court of Appeal did not expressly endorse the probate court‘s reliance on the poverty alone rule to find that Saul had not established reunification was nonviable because the harm he suffered was due to his parents’ poverty, but it similarly focused on the blameworthiness of Saul‘s parents. Specifically, it focused on whether his parents’ decisions to send him to work from a young age and to stop attending school were “reasonable”
Second, Saul challenges the lower courts’ reliance on a definition of “abandonment” that required a showing that the parent intended to abandon the child. (S.H.R., supra, 68 Cal.App.5th at p. 577, citing Guardianship of Rutherford (1961) 188 Cal.App.2d 202, 206 [” ‘In order to constitute abandonment “there must be an actual desertion, accompanied with an intention to entirely sever, so far as it is possible to do so, the parental relation and throw off all obligations growing out of the same” ’ “].) We agree that this reliance was misplaced.
Third, and more generally, Saul contends that in focusing on whether his parents were blameworthy or acted with intent, the probate court not only employed improperly narrow definitions of “neglect” and “abandonment,” but also failed to consider whether there was a “similar basis pursuant
Among other provisions of California law, Saul cited in his petition and proposed order to
For dependency purposes, California law treats a parent‘s inability to supervise or protect a child similarly to neglect: as a basis for invoking jurisdiction to protect a child. (See In re Nolan W. (2009) 45 Cal.4th 1217, 1233 [“In the dependency context, the juvenile court intervenes to protect a child, not to punish the parent“].) The purpose of dependency law is “to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, being neglected, or being exploited, and to ensure the safety, protection, and
Finally, Saul argues the probate court inappropriately speculated about the pervasiveness of the conditions Saul faced in El Salvador in determining whether reunification was nonviable. Here again, we agree. Congress specified that the nonviability of reunification determination is to be made “under State law.” (
In summary, the probate court‘s determination that Saul had not shown reunification with his parents was nonviable due to abuse, neglect, abandonment, or a similar basis under California law was based on a misapprehension of the nature and purpose of this inquiry. The relevant inquiry is not whether a child‘s parents are blameworthy. Instead, the inquiry should focus on whether returning the child to live with the parent would be workable or practical. In making this determination, a court should consider the history of the child‘s relationship with the parent and whether the child would be exposed to harm if returned to live with the parent. Bearing in mind
Applying this analytical framework to the undisputed facts established by Saul‘s declaration, we conclude that returning Saul to live with his parents would not be workable or practical because he would face a substantial risk that he would suffer serious harm as a result of his parents’ inability to protect him from gang violence while providing for his basic needs and education. (
3. The Best Interest Determination
Saul also contends that the probate court erred in denying his request for a SIJ predicate finding that it would not be in his “best interest” to be returned to El Salvador. (
The probate court did not do this, and its reasoning was inconsistent with this standard. While the probate court acknowledged that the United States offers Saul “greater benefits,” than El Salvador, it implicitly found those “benefits” — that Saul is happy and safe in California and is under the care of a guardian who provides for his daily needs and enables him to continue his education — to be outweighed by the fact that he still has family in El Salvador, lived there most of his life, and “speaks the language,” things that will be true of most newly arrived immigrant children. The probate court also improperly discounted the uncontroverted evidence in Saul‘s declaration of the life-threatening situation he faced in El Salvador in favor of an anecdotal observation that some Salvadoran youth avoid “hardships” such as “gang issues” and grow up to be “doctors, lawyers, and other professionals.” This observation was “untethered to any evidence” in the record. (Leslie H., supra, 224 Cal.App.4th at p. 352 [rejecting finding that repatriation was in child‘s best interest that was based оn “anecdotal impressions” that were “untethered to any evidence in th[e] case“].) Moreover, nothing in Saul‘s declaration suggested that he would be able to avoid gang violence and grow up to be a professional were he sent back to El Salvador. Saul had to work from a young age to help support his family; his parents made him leave school at age 15 after gang members threatened his life; and gang members threatened
The probate court also improperly concluded that Saul‘s age disqualified him from establishing it would not be in his best interest to be returned to El Salvador. From the fact that Saul is “no longer a minor” — meaning no longer under the age of 18 — the court inferred he would be “no longer reliant on [his] parents for a permanent, safe, stable, and loving environment” were he returned to El Salvador. To be sure, a child‘s age may bе relevant to the best interest determination. (See In re Marriage of Brown & Yana (2006) 37 Cal.4th 947, 961 [listing “the child‘s age” as relevant factor in custody-related best interest analysis];
Comparing the uncontroverted evidence of Saul‘s circumstances in California to the uncontroverted evidence of the circumstances to which he would return in El Salvador, we conclude Saul has established it would not be in his best interest to be returned to El Salvador. In California, Saul has a guardian who provides him with food and shelter and ensures he gets health care and can continue his education. Saul wants to remain in his guardian‘s care so he can focus on his education without fear of gang violence. (
III. DISPOSITION
We reverse the Court of Appeal‘s judgment and direct that this case be remanded to the probate court with directions to reinstate Rivas‘s guardianship8 and expeditiously issue an order granting Saul‘s petition for SIJ predicate findings in accordance with the guidance set out in this opinion, allowing enough time to ensure Saul can file an application with United States Citizenship and Immigration Services for special immigrant juvenile status before his twenty-first birthday.9 To help ensure sufficient time on remand, our
GROBAN, J.
We Concur:
CORRIGAN, J.
LIU, J.
KRUGER, J.
JENKINS, J.
GUERRERO, J.
Guardianship of SAUL H.
S271265
Concurring Opinion by Chief Justice Cantil-Sakauye
I concur in the judgment. As the majority opinion concludes, the probate court should have made special immigrant juvenile (SIJ) findings in light of the threats Saul H. received from gang members in El Salvador, and I agree with the majority insofar as it orders the issuance of these findings.
I write separately, however, because we need not reach all of the legal issues pertaining to SIJ proceedings that the majority opinion directly or obliquely addresses. In his petition requesting SIJ findings, Saul indicated that reunification with his parents was not viable because he was a person described by
The majority opinion nevertheless includes a comprehensive discussion of the law deemed applicable to the evaluation of SIJ petitions by courts of first instance and to appellate review of decisions to withhold SIJ findings. This discussion includes some observations that are clearly relevant to the court‘s ultimate holding, and some others that are more in the nature of guidance that may be pertinent in future cases, if not this one. I would instead focus more narrowly upon the subset of issues relating to SIJ proceedings that, properly resolved, yield today‘s result.
CANTIL-SAKAUYE, C. J.