Dependency Law Finder

1. In re S.A.R.D. 182 So. 3d 897 · 3D15-1472 · 3rd DCA 2016

   Affirmed This opinion cites 8 U.S.C. § 1101 12 times: (a)(27), (a)(27)(J), (a)(27)(J)(i), (a)(27)(J)(ii), (a)(27)(J)(iii)(I), and the section generally

   · cited by 4 in all courts

   Denial of an immigrant teen's private dependency petition affirmed because the father's abandonment was remote and the mother had not abandoned or neglected him.

   …on the basis of abandonment by his father and neglect by his mother in order to become eligible for a Special Immigrant Juvenile (“SIJ”) status visa under 8 U.S.C. § 1101 (a)(27)(J) of the Immigration and Nationality Act, and ultimately to obtain permanent immigration status in this country. S.A.R.D. is uneducated and he has…

2. In re F.J.G.M. 196 So. 3d 534 · 3D15-0546 · 3rd DCA 2016

   Affirmed This opinion cites 8 U.S.C. § 1101 8 times: (a)(27), (a)(27)(J), (a)(27)(J)(i), and the section generally

   · cited by 2 in all courts

   Denial of a private dependency petition sought for immigration status affirmed; the father's abandonment was too remote and the mother cared for the child.

   …in section 39.01(15) of the Florida Statutes. If adjudicated dependent, F.J.G.M. becomes eligible for a Special Immigrant Juvenile (“SIJ”) status visa under 8 U.S.C. § 1101(a)(27)(J) of the Immigration and Nationality Act, and ultimately to obtain permanent immigration status in this country. The petition is based solely on abandonment…

3. In re B.Y.G.m, a Minor 176 So. 3d 290 · 3D14-2409 · 3rd DCA 2015

   Affirmed This opinion cites 8 U.S.C. § 1101 7 times: (a)(27)(J), and the section generally

   · cited by 14 in all courts

   Denial of an immigrant teen's private dependency petition affirmed because the evidence showed no current abandonment or neglect; she lived safely with her mother.

   …for dependency based on abandonment and neglect by her father. B.Y.G.M. argued that she qualified for Special Immigrant Juvenile Status or “SIJS.” See 8 U.S.C. § 1101 (a)(27)(J)(i). SIJS is a visa that enables a child to apply for lawful permanent residency (a green card) after which the child can seek citizenship. To be…

4. O.I.C.L. v. Department of Children & Families 205 So. 3d 575 · SC15-1570 · Florida Supreme Court 2016

   Dismissed This opinion cites 8 U.S.C. § 1101 6 times: (a)(27)(J), (a)(27)(J)(iii), and the section generally

   · cited by 4 in all courts

   Supreme Court dismissed review of a denied dependency petition as moot because the immigrant youth turned 18 and cannot be adjudicated dependent.

   …status,” federal immigration law “then requires additional findings, which may come from any judicial or administrative body.” Id. at 580 (summarizing 8 U.S.C. § 1101 (a)(27)(J)). Federal law is clear, however, that “the ultimate decision on the child’s immigration status remains with the federal government through the…

5. In re B.R.C.M. 182 So. 3d 749 · 3D15-0962 · 3rd DCA 2015

   Affirmed This opinion cites 8 U.S.C. § 1101 6 times: (a)(27)(J), (a)(J)(27), and the section generally

   · cited by 5 in all courts

   Denial of an immigrant teen's private dependency petition affirmed because dependency law serves children in need, not immigration goals; a dissent urged a hearing.

   …requiring the Family Part to make independent findings as to both of the juvenile’s parents, we ensure that US-CIS will have sufficient information to apply 8 U.S.C.A. § 1101 (a)(J)(27) as it sees fit token a juvenile subsequently submits the Family Part’s order to US-CIS in support of an application for SIJ status. That is the…

6. In the Interest of Y v. a Minor Child 160 So. 3d 576 · 1D14-5713 · 1st DCA 2015

   Reversed & remanded This opinion cites 8 U.S.C. § 1101 6 times: (a)(27)(J), (a)(27)(J)(iii)(I)

   · cited by 7 in all courts

   Dismissal of a child's dependency petition reversed: abuse abroad can support dependency, an SIJ-status motive does not invalidate it, and no jurisdictional bar was shown.

   …as a predicate to requesting special immigrant juvenile (“SIJ”) status for Y.V. so that he may seek lawful permanent residence in the United States. See 8 U.S.C. § 1101(a)(27)(J) (2012). The trial court dismissed the petition because it does not allege that Y.V. has been abused, abandoned, or neglected while in the State of…

7. O.I.C.L. v. Department of Children & Families 169 So. 3d 1244 · 4D15-53 · 4th DCA 2015

   Affirmed This opinion cites 8 U.S.C. § 1101 3 times: (a)(27)(J)(ii), and the section generally

   · cited by 19 in all courts

   Denial of an immigrant teen's private dependency petition affirmed: his uncle was a capable caregiver, and remote or poverty-based neglect did not show dependency.

   …4978 (1990), amended by William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Pub.L. No. 110-457, 122 Stat. 5044 (2008). . 8 U.S.C. § 1101 (a)(27)(J)(i) (2014). A "juvenile court” is "a court located in the United States having jurisdiction under State law to make judicial determinations about…

8. In the Interest of K.B.L v. a Minor 176 So. 3d 297 · 3D14-2746 · 3rd DCA 2015

   Affirmed This opinion cites 8 U.S.C. § 1101 3 times: (a)(27)(J)(i), and the section generally

   · cited by 15 in all courts

   Dismissal of an immigrant teen's private dependency petition affirmed because the father's abandonment was remote and the child lived safely with his mother.

   …and/or (f), Florida Statutes (2013). This finding would then allow him, as an alien minor, to apply for Special Immigrant Juvenile status (“SIJS”). See 8 U.S.C. § 1101(a)(27)(J)(i)).1 K.B.L.V. in turn could apply for lawful permanent residency (a green card) and secure a path toward citizenship without which K.B.L.V. is subject to…

9. In the Interest of: B.R.C.M., A Minor Child v. Department of Children & Families 215 So. 3d 1219 · SC16-179 · Florida Supreme Court 2017

   Reversed & remanded This opinion cites 8 U.S.C. § 1101 2 times: (a)(27)(J), and the section generally

   · cited by 3 in all courts

   Supreme Court held a private dependency petition by an immigrant child cannot be summarily denied for seeking immigration status; individualized findings are required.

   …a pathway for undocumented children who have been abused, abandoned, or neglected to obtain lawful permanent residency in the United States” (citing 8 U.S.C. § 1101(a)(27)(J); § 39.5075, Fla. Stat. (2013)). But the dependency claims regarding such children must be evaluated based on the specific requirements of the dependency…

10. W.B.A. v. v. Department of Children & Families 229 So. 3d 850 · 3D16-1448 · 3rd DCA 2016

    Affirmed This opinion cites 8 U.S.C. § 1101 2 times: (a), and the section generally

    Summary denial of four orphaned immigrant children's dependency petition affirmed under binding precedent; concurrence urges Supreme Court review and dissent would require an evidentiary hearing.

    …be declared dependent during the pendency of the appellate proceedings),6 but other unaccompanied immigrant cases are pending before that Court.7 3 See 8 U.S.C. § 1101(a) (27)(J). 4 Section 39.5075, Florida Statutes (2016). 5 In re K.B.L.V., 176 So. 3d 297, 300 (Fla. 3d DCA 2015) (Shepherd, J., specially concurring). 6 …

11. Department of Children & Families v. S.A.E. 184 So. 3d 615 · 1D15-3624 · 1st DCA 2016

    Reversed This opinion cites 8 U.S.C. § 1101 2 times: (a)(27)(J), and the section generally

    · cited by 1 in all courts

    Dependency adjudication reversed because the father's abandonment twelve years earlier in Honduras posed no present threat; avoiding deportation is not a basis for dependency.

    …needed the court adjudication to support an application for a Special Immigrant Juvenile Visa under the federal Immigration and Naturalization Act, 8 U.S.C. § 1101 (a)(27)(J)(i)-(iii). 2 1 A petition filed by a person who has knowledge of the facts but is not filing on behalf of the State is commonly referred to as a…

12. In re E.P.N. 180 So. 3d 249 · DCA15-0579 · District Court of Appeal 2015

    Affirmed This opinion cites 8 U.S.C. § 1101 2 times: (a)(27)(J), and the section generally

    Summary denial of an immigrant teen's private dependency petition affirmed per curiam under circuit precedent; a dissent would have remanded for individualized consideration.

    …dissent, relying on the analysis and recommendation for cértifícation to the Supreme Court of Florida set forth in my dissent in In re B.R.C.M. . 8 U.S.C. § 1101 (a)(27)(J); see also § 39.5075, Fla. Stat. (2015). . In re B.R.C.M., No. 3D15-962, 2015 WL 9584743 (Fla. 3d DCA Dec. 30, 2015). . Id. …

13. F.L.M. v. Department of Children & Families 912 So. 2d 1264 · 4D04-3163 · 4th DCA 2005

    Reversed This opinion cites 8 U.S.C. § 1101 2 times, the section generally

    · cited by 14 in all courts

    Orphaned minor with no legal custodian was dependent, no Attorney General consent was needed, and the court must enter a nunc pro tunc dependency order.

    …the trial judge erred in that regard. In 1997 Congress amended federal statutes to afford children special immigration status within the United States. 8 U.S.C. § 1101 (a)(27)(J)(i)-(iii) (2002). In its essential terms, this statute allows an alien child "who has been declared dependent [by] a juvenile court located in the…

14. P.G. v. Dep't of Children & Fanukt Services 867 So. 2d 1248 · 4D03-2717 · 4th DCA 2004

    Affirmed This opinion cites 8 U.S.C. § 1101 2 times, the section generally

    · cited by 4 in all courts

    Dismissal of a minor's private dependency petition affirmed because he was in constructive immigration custody and the Attorney General had not consented to jurisdiction.

    …under § 1101 of the Immigration and Nationality Act, the Attorney General must consent to the trial court's jurisdiction over the dependency proceeding. 8 U.S.C. § 1101 (a)(27)(J)(iii) states in relevant part: (iii) in whose case the Attorney General expressly consents to the dependency order serving as a precondition to…

15. Madourie v. Department of Health & Rehabilitative Services 667 So. 2d 237 · DCA94-3034 · District Court of Appeal 1995

    This opinion cites 8 U.S.C. § 1101 2 times, the section generally

    …United States, she is not living in Florida for employment purposes. See 8 C.F.R. § 214.1 (e) (“A nonimmigrant in the United States in a class defined in [ 8 U.S.C. § 1101 (a)(15)(B) J as a temporary visitor for pleasure ... may not engage in any employment.”). Thus, for Madourie’s child to be a resident of Florida,, Madourie…

16. Interest of S.F.A.C. v. Department of Children & Families 182 So. 3d 745 · 3D15-2120 · 3rd DCA 2015

    Affirmed This opinion cites 8 U.S.C. § 1101 1 time, the section generally

    Denial of an immigrant teen's private dependency petition affirmed under controlling circuit precedent; a dissent would have required an evidentiary hearing and individualized findings.

    … 2015 WL 9584743 (Fla. 3d DCA Dec. 30, 2015). . These are cited in the preceding footnote, including for each citation the later history. . 8 U.S.C. § 1101 (a)(27)(J); see.■ also § 39.S075, Fla.-Stat. (2015). . As made clear in several of our decisions, any finding of dependency a Florida court' may make…

17. L.T. ex rel. K.S.L. v. Department of Children & Families 48 So. 3d 928 · 5D10-2073 · 5th DCA 2010

    Reversed & remanded This opinion cites 8 U.S.C. § 1101 1 time: (a)(27)(J)(iii)(2003)

    · cited by 4 in all courts

    Dismissal of an uncle's dependency petition reversed because an orphaned child with no legal custodian is dependent; jurisdiction, service and mootness objections failed.

    …. Likewise, in this case, the issue is not moot. REVERSED and REMANDED. TORPY and LAWSON, JJ, concur. 1 . See also 8 U.S.C. § 1101(a)(27)(J)(iii)(2003).

18. S.H. v. Department of Children & Families 880 So. 2d 1279 · 4D04-293 · 4th DCA 2004

    Affirmed This opinion cites 8 U.S.C. § 1101 1 time, the section generally

    · cited by 6 in all courts

    Denial of a teenager's dependency petition, sought for immigration status, affirmed because parents sending him to live with his uncle was not abandonment.

    …was therefore correct in not finding S.H. dependent. 2 Affirmed. WARNER and HAZOURI, JJ., concur. . Being declared dependent would benefit S.H. under 8 U.S.C. § 1101 (a)(27)(I), (J). . We have not overlooked S.H.'s argument that the trial court erred in determining it had no jurisdiction. Although Mr. Booth, as…

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1. 8 U.S.C. § 1153 Allocation of immigrant visas (b)(4)
2. 8 U.S.C. § 1232 Enhancing efforts to combat the trafficking of children (d)(2)(d)(4)(A)(d)(4)(B)(d)(6)
3. 8 U.S.C. § 1255 Adjustment of status of nonimmigrant to that of person admitted for permanent residence (h)
4. 8 C.F.R. § 204.11 Special immigrant juvenile classification Issued under it