Legal Opinion · Dissent

Amaya v. Guerrero Rivera

Nevada Supreme Court

Decided July 3, 2019No. 75769Published

1DissentSilver, J.

To pursue Special Immigrant Juvenile (SIJ) status, a child must first petition a state juvenile court to issue an order making special findings of fact that the child is dependent upon the court or legally committed to a court-appointed individual. In re Marisol N.H ., 115 A.D.3d 185, 979 N.Y.S.2d 643, 645 (2014). A state court must thereafter make findings that reunification with one or both of the parents is not viable and that it is not in the child's best interest to return to his or her home country. Id. Once a state court has issued the predicate findings, the child may petition the…

2Cases cited3 opinions

  1. Davis v. BelingNevada Supreme Court · 2012
  2. In re Marisol N.H.Appellate Division of the Supreme Court of the State of New York · 2014
  3. State v. PlunkettNevada Supreme Court · 2018

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