Romero v. Perez
Romero v. Perez
Opinion
Friedman, J.
*505 Appellant, Celso Romero, appeals a circuit court finding that his son, R.P., was not neglected, abused, or abandoned by his mother in Guatemala. Because the circuit court made the necessary factual findings to support its ruling, we affirm.
*265 DISCUSSION
R.P. was born to Celso Romero and Josefa Perez in Quetzaltenango, Guatemala, in 1998. Romero immigrated to the United States and has resided in Baltimore since 2004. R.P. was raised by Perez until he joined his father in the United States in 2015. R.P. then began the application process for Special Immigration Juvenile ("SIJ") status to seek lawful permanent residence in the United States. 1
To begin the process of obtaining SIJ status, immigrants already residing in the United States must obtain five findings from a state court:
1) The juvenile is under the age of 21 and unmarried;
2) The juvenile is dependent on the court or has been placed under the custody of an agency or an individual appointed by the court;
*506 3) The court has jurisdiction under state law to make judicial determinations about the custody and care of juveniles;
4) Reunification with one or both of the juvenile's parents is not viable due to abuse, neglect, or abandonment or a similar basis under state law; and
5) It is not in the "best interest" of the juvenile to be returned to his parents' previous country of nationality.
In re Dany G.
,
The Circuit Court for Baltimore City placed R.P. under the custody of Romero (Factor # 2) and made three of the other four findings required for SIJ status: that R.P. was under the age of 21 and unmarried (Factor # 1); that the circuit court had the authority to make determinations for juveniles (Factor # 3); and that it was not in R.P.'s best interests to return to Guatemala (Factor # 5). The court was not persuaded that R.P. had been the victim of neglect, abandonment, or abuse (Factor # 4) and therefore, it declined to rule in favor of Romero. In so ruling, the court (1) correctly noted that no decision of this Court or the Court of Appeals has identified the applicable burden of proof in SIJ cases; (2) considered applying either the "preponderance of the evidence" standard or the heightened "clear and convincing evidence" standard; and (3) determined that Romero had failed to persuade the court under either burden of proof that R.P. was a victim of neglect, abandonment, or abuse. We will first determine the proper burden of proof for SIJ findings, then determine whether it was applied here.
I. Burden of proof
Romero argues that the court erred by using the clear and convincing evidence standard, causing the court improperly to *507 find that Romero failed to prove neglect. We agree that it would have been error to apply the clear and convincing standard *266 and hold that Maryland law requires courts to apply the preponderance of the evidence standard to SIJ petitions.
We begin by noting that we write on a blank slate; neither federal law nor existing Maryland law specifies a standard of proof for SIJ cases. Federal law simply requires a finding of neglect, abandonment, or abuse of the juvenile "under state law,"
We are persuaded, however, that applying the preponderance of the evidence standard to SIJ petitions is consistent with Maryland law. The preponderance standard is "generally applicable in civil and administrative proceedings."
2
Meyers v. Montgomery Cnty. Police Dep't
,
Our review of other state courts' treatment of SIJ petitions supports the conclusion that the preponderance standard is appropriate. For example, New York courts have adopted the preponderance of the evidence standard for SIJ cases.
In re Ena S.Y.
,
II. The present case
As described above, Romero argues that the circuit court erred by applying the higher clear and convincing standard rather than the preponderance of the evidence standard. We do not think that is what happened here. The circuit court in this case expressed confusion about the applicable standard, but ultimately found that the evidence presented by Romero did not establish neglect by any standard:
With respect to the SIJ findings ... we obviously ... do this all the time. [Appellate courts have] never set a [standard] ... for the burden [of proof] or the evidence that needs to be met .... If the Court is going to make a finding against reunification with a parent, there has to be clear and convincing evidence.
* * *
And at this point, regardless of what standard ... you use, the standard can't be 50/50. And that's really where I am.
* * *
But again, at best, I have a 50/50-and maybe Mom was properly caring for him; maybe she wasn't. And at that level of evidence, I can't make a finding that reunification is not viable [due to neglect].
Over and over, the circuit court described the evidence as "50/50," by which it meant that it was in equipoise, perfectly balanced between believing
*510
that R.P.
was
neglected and believing that R.P.
was not
neglected. That is insufficient to satisfy the preponderance of the evidence standard, which is defined as being more likely than not,
Mathis v. Hargrove
,
Finally, we turn to the court's factual findings, which we review for clear error, giving due regard to the court on the weight and credibility of evidence.
Kusi v. State
,
JUDGMENT OF THE CIRCUIT COURT FOR BALTIMORE CITY AFFIRMED.
*268 COSTS TO BE PAID BY APPELLANT.
Because this case arose as a custody petition, Perez is styled as the defendant below and the appellee here. She did not respond to Romero's initial motion or this appeal. Additionally because it arose as a custody petition, this appeal was designated for expedited treatment pursuant to Rule 8-207(a). Because the instant appeal is from denial of SIJ findings, not "from a judgment granting, denying, or establishing custody," the designation was subsequently withdrawn.
The heightened clear and convincing standard is generally reserved for situations "when the government seeks to take [an] unusual coercive action."
Coleman v. Anne Arundel Cnty. Police Dep't
,
We also note that the role of the state courts in the SIJ procedure is to make preliminary findings to aid USCIS in making final immigration decisions.
Simbaina v. Bunay
,
Reference
- Full Case Name
- Celso Monterroso ROMERO v. Josefa PEREZ
- Cited By
- 2 cases
- Status
- Published