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New Jersey Supreme Court on SIJ: H.S.P. v. J.K.

August 26, 2015 (1 min read)

"In this appeal, we examine the role of our state courts in making the predicate findings necessary for a non-citizen child to apply for “special immigrant juvenile” (SIJ) status under the Immigration Act of 1990, as amended by the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), Pub. L. No. 110-457, 122 Stat. 5044. ... [W]e reverse the Appellate Division’s decision in H.S.P. and the Family Part’s decision in K.G. Both failed to address all of the requirements identified in 8 C.F.R. 204.11. The panel in H.S.P. also improperly applied the law of the child’s country of origin rather than the law of this state to address whether the juvenile had been abused, neglected, or abandoned in his or her home country. We remand both cases for further findings consistent with this opinion." - H.S.P. v. J.K., Aug. 26, 2016.