Vargas Pelaez v. Martinez Moreno

Citations

• 2025 Ohio 5532

Syllabus

Judgment affirmed in part, reversed in part, and modified in part. The juvenile court erred when it failed to make the special findings from a state juvenile court requested by appellant that, under 8 U.S.C. 1101(a)(27)(J), are required to apply for Special Immigrant Juvenile Status from United States Citizenship and Immigration Services. The juvenile court relied on Gonzalez v. Rodriguez, 2018-Ohio-2410 (10th Dist.), which interprets the statute in a manner that is inconsistent with a number of state supreme court opinions, as well as the policy manual of the federal agency, and is accordingly overruled. The juvenile court also erred by failing make a finding addressing the best interests of the children under R.C. 3109.04(F)(1). The judgment of the juvenile court is affirmed with regard its rulings and orders granting divorce and legal custody but is modified to include the special findings requested by appellant. Finally, the juvenile court erred when imposing costs on appellant because it had previously found her to be an indigent litigant under R.C. 2323.311.