In Re Guardianship of Saul H. NIWAP Amicus Brief to California Supreme Court (March 21, 2022) [pdf]

This document provides the amicus brief filed by NIWAP on March 21, 2022 to the California Supreme Court in support of the petitioner in In re Guardianship of Saul H. This case originated when a state probate trial court that refused to issue a predicate order to an immigrant child who suffered abuse and neglect perpetrated by his parents. Despite the uncontroverted evidence about the abuse and neglect by Saul’s parents, the probate court denied his request of SIJS findings. Saul appealed and the Court of Appeals affirmed, and ultimately the California Supreme Court reversed, with all justices concurring. In In re Guardianship of Saul H., the California Supreme Court provides very helpful clarification and direction that will assist trial courts and appellate courts in California and nationally for state courts carrying out their Congressionally assigned role issuing predicate orders that are a required of immigrant children filing SIJS applications. This amicus brief can also be a useful training tool.