Simbaina v. Bunay

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that “the ultimate decision regarding the child’s immigration status rests with the federal government” (quotation omitted)
• noting that the state court order awarding sole custody made a determination about the juvenile's custody for purposes of making SIJ findings
• “[C]ourts around the country hear SIJ evidence in a variety of settings, including custody proceedings, adoption petitions and probate issues.”
• “When pleading this issue before the . . . court, a moving party should ensure that the court is on notice of the request for these factual findings.”
• mother could seek predicate SIJ findings for her daughter in divorce proceedings in which the court had authority under state law to determine daughter’s custody and accepted the parties’ custody arrangement awarding mother sole custody
• noting the federal statute has no specific pleading requirements

Source: CourtListener parenthetical corpus (CC0).