In Re Victor F.

California Court of Appeal Mar 20, 2002 No. A094073Published

Before: Lambden

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Holding. The court held that a juvenile court's referral of a minor to the Immigration and Naturalization Service (INS) for deportation screening is an interlocutory or provisional order, not a dispositional order subject to the limitations of Welfare and Institutions Code section 202.

Issues

Whether the juvenile court's order referring a minor for INS deportation screening was an unauthorized disposition under Welfare and Institutions Code section 202.
Whether the juvenile court's referral for INS screening violated the minor's due process rights.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The court's referral for INS screening, in our view, did not violate section 202. The referral order was an interlocutory or provisional order outside the scope of section 202.”

“It was not a disposition of the juvenile court proceeding, nor was it punishment.”

114 Cal.Rptr.2d 214 (2001) 94 Cal.App.4th 308 In re VICTOR F., a Person Coming Under the Juvenile Court Law.

The People, Plaintiff and Respondent,

Victor F., Defendant and Appellant.

No. A094073. Court of Appeal, First District, Division Two.

December 7, 2001. Review Granted March 20, 2002. Matthew Zwerling, Executive Director, L. Richard Braucher, Staff Attorney, Under appointment by the Court of Appeal for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Christina V. Kuo, Deputy Attorney General, William Kuimelis, [215] Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.[*]

LAMBDEN, J.

Following a contested jurisdictional hearing, the juvenile court sustained a Welfare and Institutions Code section 602 petition alleging possession of a knife on school grounds and destroying or concealing evidence (Pen.Code, §§ 626.10, subd. (a); 135).[1] The court continued the dispositional hearing for three weeks and ordered that appellant be screened by the Immigration and Naturalization Service (INS) for deportation. At the continued dispositional hearing, the court was notified that appellant had been deported to Mexico. The court found the matter of disposition moot and issued a bench warrant for appellant's arrest, which is to remain outstanding until he reaches the age of majority.

On appeal appellant contends: (1) The evidence was insufficient to support the finding that he violated Penal Code section 135; and (2) the order directing that he be screened by INS for deportation was unauthorized under juvenile court law. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On October 31, 2000, security guard Todd Smith saw 30-50 students gathered next to a classroom at Armijo High School in Fairfield. Believing there was a fight, he ran over to stop it. When Smith approached, the crowd parted, and he saw appellant and Carlos R. facing each other. Carlos stepped back as if to avoid something. Smith talked to Carlos first, attempting to calm him down. By the time Smith had handcuffed Carlos, appellant was gone.

In Re Victor F.

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LAMBDEN, J.

FACTUAL AND PROCEDURAL BACKGROUND

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