Posts tagged "Guadalupe"

Guardianship of Yosselin Guadalupe Penate; Department of Revenue v. Lopez, et al. (Lawyers Weekly No. 10-102-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   SJC-12138 SJC-12184   GUARDIANSHIP OF YOSSELIN GUADALUPE PENATE.   DEPARTMENT OF REVENUE[1]  vs.  MANUEL MORALES LOPEZ & another.[2]       Suffolk.     January 6, 2017. – June 9, 2017.   Present:  Gants, C.J., Lenk, Hines, Gaziano, Lowy, & Budd, JJ.     Alien.  Probate Court, Jurisdiction.  Jurisdiction, Probate Court.       Petition for appointment of a guardian filed in the Suffolk Division of the Probate and Family Court Department on September 14, 2015.   A motion for special findings of fact was heard by Virginia M. Ward, J.   The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.   Complaint to establish paternity filed in the Suffolk Division of the Probate and Family Court Department on November 25, 2014.   A motion for special findings of fact was heard by Virginia M. Ward, J.   The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.     Valquiria C. Ribeiro for Marvin H. Penate. Jennifer B. Luz (Joshua M. Daniels also present) for E.G. Elizabeth Badger for Kids in Need of Defense & others, amici curiae. The following submitted briefs for amici curiae: Benjamin C. Mizer, Principal Deputy Assistant Attorney General, William C. Peachey, Erez Reuveni, & Joseph A. Darrow, of the District of Columbia, for the United States. Mary K. Ryan & Meghan S. Stubblebine for American Immigration Lawyers Association, New England Chapter, & others.          HINES, J.  In these appeals brought by E.G., an eight year old undocumented immigrant from Guatemala, and Yosselin Guadalupe Penate, a nineteen year old undocumented immigrant from El Salvador, we consider for the second time[3] the statutorily mandated role of the Probate and Family Court (and the Juvenile Court) in a juvenile’s application for special immigrant juvenile status (SIJ) under 8 U.S.C. § 1101(a)(27)(J) (2012).  Congress established the SIJ status classification “to create a pathway to citizenship for immigrant children,” Recinos v. Escobar, 473 Mass. 734, 737 (2016), who have been abused, neglected, or abandoned by one or both parents.  The issue presented in these appeals is whether a judge may decline to make special findings based on an assessment of the likely merits of the movant’s application for SIJ status or on the movant’s motivation for seeking SIJ status.  The judge implicitly determined that neither child would be entitled to […]

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Posted by Massachusetts Legal Resources - June 9, 2017 at 2:56 pm

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