Eddie E. v. Super. Ct.

Filed 10/16/13; Supreme Court publication order 1/29/14

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

EDDIE E.,

Petitioner,

v. G048067

THE SUPERIOR COURT OF ORANGE (Super. Ct. No. DL039927) COUNTY, OPINION Respondent;

THE PEOPLE OF THE STATE OF CALIFORNIA,

Real Party in Interest. Original proceeding; petition for a writ of mandate to challenge an order of the Superior Court of Orange County, Nick A. Dourbetas, Judge. Petition granted. Lina F. Somait; Catholic Charities of Los Angeles, Inc. and Martin Gauto for Petitioner. No appearance by Respondent. No appearance by Real Party in Interest. Public Counsel Law Center, Martha Matthews; Legal Services for Children, Abigail Trillin; Immigrant Legal Resource Center, Angie Junck; University of

California, Irvine School of Law Immigrant Rights Clinic, Sameer M. Ashar; Southwestern Law School Immigrant Law Clinic, Andrea Ramos; Youth Law Center and Alice Bussiere as Amicus Curiae on behalf of Petitioner, upon request of the Court of Appeal. Office of Immigration Litigation DCS, Stuart F. Delery, Acting Assistant Attorney General for the United States Department of Justice Civil Division, Elizabeth J. Stevens, Assistant Director, Melissa S. Liebman, Trial Attorney as Amicus Curiae, upon request of the Court of Appeal.

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Eighteen-year-old Eddie E. petitions for unopposed writ relief after respondent court denied his request to make all necessary factual findings to enable him to apply for classification as a Special Immigrant Juvenile (SIJ) under the Immigration and Nationality Act, title 8 United States Code section 1101(a)(27)(J), which provides “abused, neglected, and abandoned unaccompanied minors . . . a process that allows them to become permanent legal residents.” (In re Y.M. (2012) 207 Cal.App.4th 892, 915 (Y.M.).) To be entitled to SIJ status, the minor must have, among other things, “been declared dependent on a juvenile court located in the United States or [be one] whom such a court has legally committed to, or placed under the custody of, an agency or department of a State, or an individual or entity appointed by a State or juvenile court located in the United States . . . .” (8 U.S.C. § 1101(a)(27)(J)(i).) Respondent court found petitioner did not qualify as a dependent because he had “been declared a ward of this court under [Welfare and Institutions Code] section 602” (all further statutory references are to this code unless otherwise stated) and did not make any of the other required findings for SIJ status. Petitioner contends this was error and seeks a writ of mandate ordering the respondent court to make the remaining findings of fact necessary