Felipe Perez v. Lee Cissna

*858I write separately to explain my view that the immigration authorities and my good colleagues in the panel majority have erred in their rulings on the SIJ application of Felipe Perez. Their fatal error primarily relates to the failure to adhere to North Carolina state law concerning child custody orders, particularly as to the custody of Felipe. As explained further below, I would reverse the immigration rulings and remand.

The USCIS has erroneously decided that an applicant for SIJ status must produce a "permanent" custody order. The Agency predicates this requirement on a faulty reading of…