Velasquez v. Miranda-Pennsylvania Supreme Court Opinion and Judgment on SIJS (August 29, 2024) [pdf]

The Pennsylvania Supreme Court reversed the superior court decision and remanded back to the custody court.

The PA Supreme Court found that
(1) State Custody courts may make SIJ determinations in custody proceedings that result in sole custody being awarded to the parent presently in the United States;
(2) SIJ determinations may be made in dependency or custody proceedings, the Superior Court erred in holding that SIJ determinations may only be made in dependency proceedings; and
(3) The custody court’s findings in the custody matter provided sufficient evidence that reunification with one parent was not viable, and the Children are therefore entitled to predicate SIJ determinations.