Special Immigrant Juvenile Brief

CAUSE NO.

 

IN THE INTEREST OF                                 §          IN THE DISTRICT COURT

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CCC1                                                              §          53RD JUDICIAL DISTRICT

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MINOR CHILD                                               §          TRAVIS COUNTY, TEXAS

 

 

MEMORANDUM OF POINTS AND AUTHORITIES

IN SUPPORT OF REQUEST FOR ORDER REGARDING CHILD’S ELIGIBILTY FOR SPECIAL IMMIGRANT JUVENILE STATUS

 

INTRODUCTION

This Memorandum of Points and Authorities is submitted by Petitioner, XXX, the paternal aunt of CCC1, in support of her request that this Court make the necessary factual findings as a predicate to CCC1’s application to the United States Citizenship and Immigration Services (“CIS”) for Special Immigrant Juvenile Status “(SIJS”) pursuant to §101(a)(27)(J) of the Immigration and Nationality Act (the INA).  This unique immigration status was specifically created for undocumented children who are under the jurisdiction of a juvenile court, who cannot be returned to the child’s parents due to abuse, neglect or abandonment, and for whom it is not in the child’s best interest to be returned to their homeland.  The relevant provision of the INA is codified at 8 U.S.C. §1101(a)(27)(J) (attached as Exhibit A); the code of Federal Regulations sets forth the standard for implementing the statute at 8 C.F.R. § 204.11 (attached as Exhibit B).