In re J.C.
Seventeen-year-old J.C. was adjudged a ward of the juvenile court after he admitted driving with a blood alcohol level of 0.08 percent or higher. Because J.C. is an undocumented immigrant,[1] he filed a motion in the juvenile court for an order regarding special immigrant juvenile (SIJ) status eligibility under the federal Immigration and Nationality Act, Title 8 United States Code section 1101(a)(27)(J) (hereafter section 1101(a)(27)(J)). Such eligibility would enable J.C. to petition the federal government for legal permanent residence.
The juvenile court denied the motion, concluding that it could not make the findings required by the Immigration and Nationality Act. The juvenile court said it could not find that J.C. was declared a dependent of the juvenile court, because J.C. was a ward of the juvenile delinquency court. In addition, the juvenile court said it could not find that J.C. was eligible for long-term foster care due to abuse, neglect or abandonment whi
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