SIJS Motion for Legal

SIJS MOTION FOR LEGAL FINDINGS

Court:   County:   Case No.:

Petitioner Name:   Date of Birth:   Country of Birth:

RECITALS

WHEREAS, Petitioner is a minor within the jurisdiction of this Court and seeks judicial findings necessary to pursue relief under federal immigration protections for certain juveniles; and

WHEREAS, Petitioner alleges that one or both parents have committed acts or omissions constituting abuse, neglect, or abandonment, or that reunification with one or both parents is not viable; and

WHEREAS, Petitioner requests findings from this Court that: (a) Petitioner is under the age of 21 and unmarried; (b) Petitioner has been declared dependent upon this Court, has been committed to the custody of a state agency, or has been placed under the custody of a court-appointed guardian; and (c) reunification with one or both parents is not viable due to abuse, neglect, or abandonment, and that it is not in Petitioner’s best interest to be returned to the country of nationality or last habitual residence.

NOW, THEREFORE

Petitioner moves this Court for entry of an order making the specific factual and legal findings described below and further requests such orders as are just and proper under the circumstances.

1. JURISDICTION AND VENUE

This Court has subject matter jurisdiction over proceedings concerning the welfare, custody and care of minors pursuant to applicable state juvenile statutes and court rules. Venue is proper in this county because Petitioner resides within this Court’s territorial jurisdiction.

2. PETITIONER’S BACKGROUND

Petitioner was born on in .

Grounds alleged (check all that apply): Abuse Neglect Abandonment Other

3. CUSTODY, PLACEMENT, OR DEPENDENCY STATUS

Petitioner is currently: Dependent of this Court In the custody of a state agency Under the custody of a court-appointed guardian

Explanation why reunification with one or both parents is not viable:

4. FINDINGS REQUESTED

Petitioner respectfully requests that the Court enter written findings that:

1. Petitioner is a minor who was born on and is unmarried.
2. Petitioner has been declared dependent on this Court, has been committed to the custody of a state agency, or placed under the custody of a guardian as set forth above.
3. Reunification with one or both parents is not viable due to the abuse, neglect, or abandonment described in this motion; specific factual bases for this conclusion are set forth in the record and summarized in the attached declarations and documentary evidence.
4. It would not be in Petitioner’s best interest to be returned to the country of nationality or last habitual residence.
5. The Court should issue a written order containing these findings and certify such order to federal immigration authorities for the purpose of Petitioner’s application for relief available to eligible special immigrant juveniles.

5. LEGAL BASIS

The requested findings are authorized by this Court’s statutory and equitable authority over child welfare and custody matters. The Court’s findings regarding dependency, custody, the viability of reunification, and the best interests of the minor are necessary and appropriate to enable Petitioner to pursue federal immigration relief for juveniles who have been subjected to abuse, neglect, or abandonment.

6. RELIEF REQUESTED

Petitioner requests that the Court enter an order that includes the following specific provisions:

1. Make written findings consistent with the statements in Section 4 above.
2. Order that such findings be set forth in a signed, certified order suitable for submission to federal immigration authorities.
3. Order any further relief the Court deems just and proper to protect Petitioner’s welfare and to enable Petitioner to pursue available immigration relief.

7. NOTICE

Service of this motion shall be made upon the following persons and entities in accordance with applicable rules of procedure:

8. AMENDMENTS; WAIVER

Petitioner reserves the right to amend or supplement this motion and the accompanying declarations and exhibits as additional information becomes available. No failure or delay by any party in exercising any right shall operate as a waiver of that right.

9. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This motion and any order issued hereunder shall be governed by the laws of the State of . This motion constitutes the full statement of the relief requested herein; if any provision is held invalid, the remaining provisions shall remain in full force and effect.

10. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court grant this motion and enter a written, certified order containing the findings set forth above and grant such further relief as the Court deems appropriate to protect Petitioner and enable pursuit of available federal immigration remedies.

I declare under penalty of perjury under the laws of the State of that the foregoing is true and correct to the best of my knowledge.

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