Examples of SIJ statute in a sentence
Defendants agree and will take the position when adjudicating SIJ petitions that pursuant to California Welfare and Institutions Code §§ 300 and 303, a California Juvenile Court has the jurisdiction and the authority to retain jurisdiction over a xxxx or a dependent child of the Juvenile Court until the xxxx or dependent child attains 21 years of age and issue findings, as required under the SIJ statute and the SIJ regulation.
The New Jersey case held the “‘1 or both’ phrase to require that reunification with neither parent is viable because of abuse, neglect or abandonment of the juvenile.”181 Both courts also looked to the pre TVPRA 2008 legislative history and the pre TVPRA 2008 administrative history of the SIJ statute, despite the plain meaning of the statutory language.
This rule updates the regulations as required by statutory amendments to the SIJ statute since that time and further aligns the benefit with the statutory purpose of providing humanitarian protection to eligible child survivors of parental abuse, abandonment, or neglect.
Although federal SIJ statute continues to use the term “juvenile” court, it is clear that the TVPRA 2008 statutory amendments contemplate broadly opening up the types of state court cases in which judges can issue SIJ findings.
Although the SIJ statute was amended in 2008 to greatly expand the SIJ protections to a larger group of immigrant children, the federal regulations governing the SIJ program have not been amended to reflect the changes in the new law.
In the same footnote, however, the Court offers a critical conclusion that frames this holding:… it is clear that the only “best interests” analysis involving a state court is the one it would undertake through the application of state law pursuant to subsection (i) of the SIJ statute and whether or not the determination made by a state court satisfies subsection (ii) is beyond our purview; that question is reserved for the federal officials charged with the administration of the SIJ program.
For the same reasons the juvenile court order should be sufficient, in most cases, to establish abuse, abandonment or neglect, USCIS should find that the juvenile court’s determination regarding the best interest of the child sufficient to meet the best interest prong of the SIJ statute.
See Gonzalez, supra note 26, at 425-26.2012] Agency Interpretation of Laws in Immigration 169 suffering at the hands of their abusive parents.Clearly, Congress could not have intended that outcome, and it was obviously not the purpose of the SIJ statute to facilitate such an injustice.
Id. Although the consent requirement has changed throughout the three versions of the SIJ statue, even in 2004 when the SIJ statute was more restrictive than it is today, USCIS emphasized that an adjudicator should not look behind a juvenile court order to determine whether a petition is bona fide: The adjudicator generally should not second-guess the court rulings or question whether the court’s order was properly issued.
As federal courts have explained, these inquiries are “within the traditional expertise of the state courts, and [thus] the SIJ statute, not surprisingly, assigns this fact-finding task to the state court.” Moreno Galvez v.