Guardianship of Hernandez CA2/3

Filed 6/11/21 Guardianship of Hernandez CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

Guardianship of ANTONIO B305649 ABRAHAM PAXTOR HERNANDEZ Los Angeles County Super. Ct. No. ANTONIO ABRAHAM PAXTOR 20STPB02372 HERNANDEZ,

Plaintiff and Appellant,

v.

JULIAN PAXTOR VELASQUEZ et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of Los Angeles County, Daniel Juarez, Judge. Affirmed. Antonio Abraham Paxtor Hernandez, in pro. per.; Lefkowitz Law Group, Jamie Lefkowitz for Plaintiff and Appellant. No appearance for Defendants and Respondents. _________________________

Probate Code section 1510.1 authorizes the superior court, with the consent of a proposed ward, to “appoint a guardian of the person for an unmarried individual who is 18 years of age or older, but who has not yet attained 21 years of age, in connection with a petition to make the necessary findings regarding special immigrant juvenile [(SIJ)] status pursuant to subdivision (b) of Section 155 of the Code of Civil Procedure.”1 (Prob. Code, § 1510.1, subd. (a)(1).) On March 22, 2020, appellant Antonio Abraham Paxtor Hernandez turned 21 years old.2 On March 24, 2020, Antonio applied for an ex parte order extending the superior court’s jurisdiction past his 21st birthday to allow the court to consider his pending petitions for the appointment of a guardian and for SIJ findings. The trial court denied the application. Antonio appeals the ruling. He argues the court

1 Congress first established the SIJ classification in 1990 to provide relief to immigrant children who were declared wards or dependents under state law and whose interests would not be served by returning to their country of origin. (Bianka M. v. Superior Court (2018) 5 Cal.5th 1004, 1012 (Bianka M.), citing Immigration Act of 1990, Pub. L. No. 101–649 (Nov. 29, 1990) 104 Stat. 4978.) “To provide a basis for SIJ-eligible children to secure the necessary state court findings, the California Legislature in 2014 enacted Code of Civil Procedure section 155 (Stats. 2014, ch. 685, § 1). Section 155 confers jurisdiction on every superior court—including its juvenile, probate, and family court divisions—to issue orders concerning the findings relevant to SIJ status.” (Bianka M., at p. 1013, citing Code Civ. Proc., § 155, subd. (a).) 2 Antonio shares a last name with his aunt and proposed guardian, Catarina Hernandez. For clarity we refer to Antonio and Catarina by their first names.