The federal government provides a protected status, Special Immigrant Juvenile Status (“SIJS”), to immigrant youth that cannot be reunited with one or both of their parents due to abuse, neglect, abandonment, or another similar basis under state law. In order for Tatiana to be eligible for SIJS, federal law requires that a “juvenile court” issue a special finings order, an order that states the necessary factual findings that are a perquisite to petition United States Citizenship and Immigration Services (“USCIS”) for SIJS.
New York Family Court is a “juvenile court” under the meaning of federal law, as it is “a court located in the United States having jurisdiction under State law to make judicial determinations about the custody and care of juveniles.” See 8 C.F.R. § 204.11(a).
New York Family Courts’ power to issue special findings orders is widely recognized. The Appellate Division, Second Department, confirmed this Court’s power to make special findings orders when it reversed a Family Court’s denial to issue such an order in an appropriate case. See Trudy-Ann W. v. Joan W., 2010 NY Slip Op 03946 (May 4, 2010); see also In re Antowa McD., 50 A.D.3d 507 (1st Dep’t 2008). Additionally, in 2008, the Chief Administrative Judge of the United Court System of New York issued a memorandum that emphasized the appropriateness of the Family Court to make special findings orders in any proceeding that falls within the jurisdiction of the Family Court. See Memorandum from the Honorable Ann Pfau, Chief Administrative Judge, to Judges and Clerks of the Family Court (October 8, 2008) (“Juveniles may be eligible to apply to federal immigration authorities for SIJS where, in any category of court proceeding, a State court has determined that...
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... would not be in Tatiana’s best interest to return to Honduras. She would be in a country where there is no one willing to provide her with adequate support and care. Tatiana’s father is deceased and refused to acknowledge his paternity of Tatiana while he was living. See Affidavit A, B. Also, in Honduras, Tatiana’s extended family has proved inadequate and abusive in their care of Tatiana. See Affidavit A, B. In contrast to what awaits Tatiana back in Honduras, Tatiana’s mother and Mr. Mendoza are willing and able to provide Tatiana with the support and care she needs to flourish as an adolescent and into adulthood.
Tatiana has a happy and secure home with her mother and Mr. Mendoza in the United States. No such happiness or security exists for her in Honduras. Therefore, this Court should find that it is not in Tatiana’s best interest to be returned to Honduras.
When Anita has finally made it to the United States of America, she is anxious and nervous about her dad and uncle, all the time. As she is watching T.V. she yells, “ No!” I screamed at the T.V. and clapped my hands over my ears. “ I am not staying! I am not staying!”(136). This exhibits that Anita is still young minded and has childlike behavior. Anita thinks the person on T.V. is yelling at Anita, telling her she can’t go back to the Dominican Republic and has to stay in the United States for ever. The weak point in the opposing side is that, that is the one instance that Anita behaves like a
The Court ruled for the juvenile, stating that his rights to due process were indeed violated according to the Fourteenth Amendment. “The proceedings of the Juvenile Court failed to comply with the Constitution. The Court held that the proceedings for juveniles had to comply with the requirements of the Fourteenth Amendment” (Oyez, n.d.). The Court analyzed the juvenile court's method of handling cases, verifying that, while there are good reasons behind handling juveniles in a different way from adults, adolescents seeking to settling delinquency and detainment cases are qualified for certain procedural safeguards under the Due Process Act of the Fourteenth
In Elvia Alvarado’s memoir Don’t Be Afraid, Gringo: A Honduran Woman Speaks from the Heart, she expresses the struggles that people such as herself, and numerous other Honduran citizens face every day. Elvia Alvarado was a Honduran woman, who was considered a peasant. She was born into a poor family in the countryside of Honduras. The book retails stories from Alvarado’s life and the obstacles she is forced to overcome in hopes of achieving a better life for herself and the people around her. She faces oppression due to her social class, ideals, and especially her gender. At the same time though, she is able to find support through these communities. While the odds are stacked against Elvia Alvarado, she is able to continuously preserve,
Mattie is a woman who owns the Jesus Is Lord Used Tire shop and houses illegal immigrants in her home. Esperanza is in the hospital because she tried to commit suicide and Estevan is at Taylor’s house explaining why things are like this for him and his wife. He talks about their life in Guatemala and explains, “‘In Guatemala you are careful. If you want to change something you can find yourself dead’” (143). This quote from Estevan gives both Taylor and the readers a glimpse of what life was like for them in Guatemala. Mattie taking in Estevan and Esperanza puts an end to their suffering and looming death that was always present in Guatemala, even if her decision was not “right” in the eyes of law. Kingsolver further proves that morality comes over legality by showing how much better their lives have become in Mattie’s care. When Taylor and Estevan are sitting together at their picnic, they start talking about life now. Estevan explains how Mattie has created an amazing life for him and Esperanza here and how he enjoys his job. This shows that through Mattie’s morality, Estevan and Esperanza were able to live better lives. If Mattie had never brought them in and instead followed the law, they would have most likely been captured and killed in Guatemala because of the political corruption
This law requires states to have a process established for conducting criminal background checks for foster and adoptive parents in order to care for children. It is said that provisions in the law have had an impact on the process of being approved for foster care and adoption. It has slowed down the process for children to be placed with relatives as well. Under the new provisions states are required to conduct ...
To begin, Charlotte and The Mother from “Borders” have both struggled with society trying to shape them into a certain type of person. Charlotte has always tried to conform to what her mother wanted since she was you. She would “...obey all rules without question or argument.” (pg.226) when it came to her mother. As she got older she began to realize that thing can be done different ways then what her mother wanted. The Mother from “Borders” has a similar problem as Charlotte. She is a proud Blackfoot citizen living in Canada but doesn't consider herself a Canadian. While she is going to visit her Daughter in Salt Lake City she must cross the border. While at the border the guard asks her about her citizenship. She answered with Blackfoot; that wasn't the answer the guard was looking for. The guard tells her “...you
The Sanchez Family is a large family that emigrated to the United States of America from Mexico. The family is deeply rooted in the Catholic faith and retains their Mexican culture. The family members that this case analysis will focus on are Hector Sanchez and his daughter, Gloria Sanchez. This analysis will provide a review of the family members and how each lens and theory is related to the family member and their presenting concerns.
Failing to find a positive opportunity for work, Maria’s next job is seemingly much worse in multiple ways. Maria gets offered enough money to hold her over for a long time in Colombia, by becoming a international narcotrafficker, even though it still “yields ve...
Interestingly for the Mexican woman, Amelia who is nanny to Richard and Susan’s kids the non-place (America) has now become the place. It has been suggested that she left Mexico fifteen years ago for a better life. In his book Homo Sacer: Sovereign Power and Bare Life (1998) Giorgio Agamben emphasises on the concept of citizenship and how it occupies an important place in the modern biopolitics. Agamben believes: “One of the essential characteristics of modern biopolitics (which will continue to increase in our century) is its constant need to redefine the threshold in life that distinguishes and separates what is inside and what is outside” (131). The division of who is deemed as a citizen and who isn’t becomes fundamental and more importantly
In document C, Mamacita’s husband exclaims to Mamacita, “We are home. This is home. Here I am and here I stay. Speak English. Speak English. Christ!” When Mamacita came to the United States, she didn’t know any English, so she had a hard time understanding everyone around her. This leads her to miss her old home back in her home country, but it takes a long time for her husband to understand that she is going through a rough time trying to get used to everything. When moving into a country to stay permanently you can have a hard time to getting used to things which can make you wish everything was like it was before and make you feel hopeless. In document D, Esperanza is re-telling the story of Geraldo, a guy Marin met at a dance. She explains, “His name was Geraldo. And his home is in another country….Geraldo–he went north … we never heard from him again.” Geraldo came from another country probably to visit but he got into a hit-and-run accident and died. He didn’t have any identification with him, which made the situation worse since no one knew who he was. No one knew what happened to him back in his home country since in the U.S. no one knew who he was or what he did or who his family members were. Using documents C and D, it was proven that moving into the United States can be an obstacle you can face when trying to achieve the American
Reverse Waiver. (1998, December). Retrieved September 20, 2011, from Trying Juveniles as Adults in Criminal Courts: http://www.ojjdp.gov/pubs/tryingjuvasadult/transfer4.html
Juvenile court is a special court that deals with under age defendants that are charged with crimes, who are neglected, or out of their parent’s control. The average age of the Defendants are younger than 18, but juvenile court doesn’t have jurisdiction in cases in which a minor is charged as an adult. The procedure of juvenile court is to involve parents or social workers and probation officers in order to achieve positive results and prevent minors from future crimes. However, serious crimes and repeated offenses can result in the juvenile offender being sentenced to a prison, with a transfer to a state prison when they reach adulthood. According to the film “Prison States”, Christel Tribble’s was a 15-year-old from Kentucky who was diagnosed
In addition, most of these children Nazario interviewed, almost half lived in dangerous gang territories and were exposed to life threatening situations, “Of the 322 minors I interviewed, 145 have at least one gang in their neighborhood, and about half of these live in a contested gang territory. They report hearing gunshots nightly and are often afraid to walk even two or three blocks from their home since they fear crossing an always changing boundary” (Nazario, ###). Children decided they must leave their home country and chose to go to where they had family, because they feel unsafe and they have the necessity to escape the danger that entraps them in a never ending cycle of violence; this is why DACA plays an important role assisting these individuals.
In 1972, R.I.S.E, a terrorist group was found to be guilty for contaminating Chicago’s water supply. The alleged plot to poison water was led by Steve Pera and Allan Schwander. The then commissioner of the Chicago’s water and sewage commission regarded the attack as a scheme of harebrained people and could not have worked. Typhoid germs were introduced to the drinking water supply by two college students, Pera and Schwander. However, the commissioner said that any plan to contaminate water will fail because of the chlorine being continuously pumped to water supplies every day. With that, Typhoid bacteria won’t be able to survive the said procedure. Apart from Chlorine, the water filtration plants are guarded 24/7 so plans of any attack won’t be feasible. The two students were held in Cook County Jail and had a bond of $250,000 each. Pera and Schwander were 18 and 19 years old, respectively, during the said attack. According to investigations, RISE, the terrorist group formed by the two suspects, were created to create the basis of the newly formed master race. The bacterial culture was prepared by Pera in Mayfair City College’s laboratory where deadly microorganisms are abundant. In fact, Pera used to work as a volunteer in St. Lukes Hospital but was terminated because of his attempt to acquire unauthorized chemicals (The Ledger, 1972).
The laws across the country state that there are some minors who can be exempt from the law if they fit the conditions. Perhaps Cassandra fit the criteria to become an