Rivas et al., Amicus Supreme Court of California (March 21 2022) [pdf]

“Guardianship of S.H.R. v. Jesus Rivas” (Supreme Court of California). NIWAP filed an amicus brief in the
Supreme Court of California in a case in which the Court of Appeals wrongly denied an SIJS eligible child SIJS
predicate findings. The amicus brief developed by Manatt, Phelps and Phillips for NIWAP detailed the legislative
and regulatory history of Special Immigrant Juvenile Status and discussed how the approach taken by the Court of
Appeals directly contradicts this legislative and regulatory history and the 2022 SIJS regulations issued by DHS.
The brief discussed how the courts below incorrectly applies laws of a foreign country when application of
California law is required by SIJS regulations, statutes and policies. The brief also discusses how it is
impermissible for court to fail to issue SIJS findings when there is uncontroverted credible evidence to support the
findings. The California Supreme Court in a unanimous decision with one concurrence adopted the approach
advocates by NIWAP’s amicus brief and the 2022 SIJS regulations relied up in the brief. (March 21, 2022; August
15, 2022)