NRS
3.2203 Jurisdiction to make findings relating to status of child as
special immigrant juvenile; request for findings; order making findings;
records relating to immigration status of child; Supreme Court to adopt rules
and procedures.
1. The district court has jurisdiction to
make judicial determinations regarding the custody and care of juveniles within
the meaning of the federal Immigration and Nationality Act, 8 U.S.C. §§ 1101 et
seq., and the regulations adopted pursuant thereto, and therefore may make the
factual findings necessary to enable a child to apply for status as a special
immigrant juvenile with the United States Citizenship and Immigration Services
of the Department of Homeland Security, as described in 8 U.S.C. §
1101(a)(27)(J).
2. The factual findings set forth in
subsection 3 may be made by the district court at any time during a proceeding
held pursuant to chapter 62B, 125, 159, 159A or 432B
of NRS.
3. A person may include in a petition
filed or motion made pursuant to chapter 62B,
125, 159, 159A or 432B
of NRS a request that the court make the following findings to enable a child
to apply for status as a special immigrant juvenile with the United States
Citizenship and Immigration Services:
(a) The child has been declared dependent on the
court or has been legally committed to, or placed under the custody of, a state
agency or department or a person appointed by the court;
(b) The reunification of the child with one or
both of his or her parents was determined not to be viable because of
abandonment, abuse or neglect or a similar basis under the laws of this State;
and
(c) It is not in the best interests of the child
to be returned to the previous country of nationality or last habitual
residence of the child or his or her parents.
4. If the court determines that there is
evidence to support the findings set forth in subsection 3, including, without
limitation, a declaration by the child who is the subject of the petition, the
court shall issue an order setting forth such findings. The court shall include
in the order the date on which the:
(a) Dependency, commitment or custody of the
child was ordered; and
(b) Reunification of the child with one or both
of his or her parents was determined not to be viable.
5. The court shall not:
(a) Make any additional findings regarding the
asserted, purported or perceived motivation of the child seeking status as a
special immigrant juvenile or the person requesting that the court make the
findings set forth in subsection 3; or
(b) Include or reference any such asserted,
purported or perceived motivation of any such person as a part of its findings
pursuant to this section.
6. In any proceeding held regarding a
petition filed pursuant to subsection 3, any records containing information
concerning the immigration status of a child that are not otherwise
confidential pursuant to any provision of law must be sealed and made available
for inspection only by:
(a) The court;
(b) The child who is the subject of the
proceeding and his or her attorney and guardian; and
(c) Any party to the proceeding and his or her
attorney.
7. The Supreme Court shall adopt any rules
and procedures necessary to implement the provisions of this section.
8. As used in this section:
(a) “Abandonment” has the meaning ascribed to
“abandonment of a child” in NRS 128.012.
(b) “Abuse or neglect” has the meaning ascribed
to “abuse or neglect of a child” in NRS
432B.020.
(c) “Child” means an unmarried person who is less
than 21 years of age.
(d) “Special immigrant juvenile” means a person
described in 8 U.S.C. § 1101(a)(27)(J).
(Added to NRS by 2017,
1147)
Notes of Decisions
Amaya v. Guerrero Rivera, 444 P.3d 450 (Nev. 2019).
· cites it 22× “§ 1101 (a)(27)(J) (2012) ; NRS 3.2203. We take this opportunity to clarify that a child custody order can satisfy the first predicate SIJ finding, which requires a person be "appointed" to have custody over a juvenile.”
Lopez Vs. Serbellon Portillo (child Custody), 2020 NV 54 (Nev. 2020).
· cites it 8× “NRS 3.2203 provides district courts with jurisdiction to make the SIJ findings when requested in certain proceedings, such as custody proceedings.”
In Re: Guardianship of B.A.A.R., 2020 NV 57 (Nev. 2020).
· cites it 68× “2203 provides that Nevada district courts may, in certain types of proceedings, make the predicate factual findings necessary for an individual to apply for Special Immigrant Juvenile (SIJ) status with the United States Citizenship and Immigration Services of the Department of…”
In re Guardianship of B.A.A.R. (Nev. 2020).
· cites it 68× “2203 provides that Nevada district courts may, in certain types of proceedings, make the predicate factual findings necessary for an individual to apply for Special Immigrant Juvenile (SIJ) status with the United States Citizenship and Immigration Services of the Department of…”
Amaya Vs. Guerrero Rivera (child Custody), 2019 NV 27 (Nev. 2019).
· cites it 44× “: Although appellant Yesennia Esmeralda Amaya was granted sole physical custody over her daughter, the district court denied her motion to make the three predicate findings necessary to petition the federal government for Special Immigrant Juvenile (SIJ) status.”
Ramirez v. Menjivar (Nev. 2018).
· cites it 4× “See NRS 3.2203. Because NRS 3.2203 explicitly grants the district court jurisdiction to make findings for purposes of the SIJ program, this decision applies only to cases before NRS 3.”
Rivas, M. v. Villegas, J., 300 A.3d 1036 (Pa. Super. Ct. 2023).
· cites it 2× “§ 43-3806 ; Nev. Rev. Stat. Ann. § 3.2203 (1); Wash. Rev.”
Nev. Rev. Stat. § 3.2203(1): 1 case
Ramirez v. Menjivar (Nev. 2018).
“See NRS 3.2203. Because NRS 3.2203 explicitly grants the district court jurisdiction to make findings for purposes of the SIJ program, this decision applies only to cases before NRS 3.”
Nev. Rev. Stat. § 3.2203(2): 4 cases
Amaya v. Guerrero Rivera, 444 P.3d 450 (Nev. 2019).
“§ 1101 (a)(27)(J) (2012) ; NRS 3.2203. We take this opportunity to clarify that a child custody order can satisfy the first predicate SIJ finding, which requires a person be "appointed" to have custody over a juvenile.”
In Re: Guardianship of B.A.A.R., 2020 NV 57 (Nev. 2020).
“2203 provides that Nevada district courts may, in certain types of proceedings, make the predicate factual findings necessary for an individual to apply for Special Immigrant Juvenile (SIJ) status with the United States Citizenship and Immigration Services of the Department of…”
Amaya Vs. Guerrero Rivera (child Custody), 2019 NV 27 (Nev. 2019).
“: Although appellant Yesennia Esmeralda Amaya was granted sole physical custody over her daughter, the district court denied her motion to make the three predicate findings necessary to petition the federal government for Special Immigrant Juvenile (SIJ) status.”
In re Guardianship of B.A.A.R. (Nev. 2020).
“2203 provides that Nevada district courts may, in certain types of proceedings, make the predicate factual findings necessary for an individual to apply for Special Immigrant Juvenile (SIJ) status with the United States Citizenship and Immigration Services of the Department of…”
Nev. Rev. Stat. § 3.2203(3): 4 cases
Amaya v. Guerrero Rivera, 444 P.3d 450 (Nev. 2019).
“§ 1101 (a)(27)(J) (2012) ; NRS 3.2203. We take this opportunity to clarify that a child custody order can satisfy the first predicate SIJ finding, which requires a person be "appointed" to have custody over a juvenile.”
Amaya Vs. Guerrero Rivera (child Custody), 2019 NV 27 (Nev. 2019).
“: Although appellant Yesennia Esmeralda Amaya was granted sole physical custody over her daughter, the district court denied her motion to make the three predicate findings necessary to petition the federal government for Special Immigrant Juvenile (SIJ) status.”
In Re: Guardianship of B.A.A.R., 2020 NV 57 (Nev. 2020).
“2203 provides that Nevada district courts may, in certain types of proceedings, make the predicate factual findings necessary for an individual to apply for Special Immigrant Juvenile (SIJ) status with the United States Citizenship and Immigration Services of the Department of…”
In re Guardianship of B.A.A.R. (Nev. 2020).
“2203 provides that Nevada district courts may, in certain types of proceedings, make the predicate factual findings necessary for an individual to apply for Special Immigrant Juvenile (SIJ) status with the United States Citizenship and Immigration Services of the Department of…”
Nev. Rev. Stat. § 3.2203(3)(a): 2 cases
Amaya v. Guerrero Rivera, 444 P.3d 450 (Nev. 2019).
“§ 1101 (a)(27)(J) (2012) ; NRS 3.2203. We take this opportunity to clarify that a child custody order can satisfy the first predicate SIJ finding, which requires a person be "appointed" to have custody over a juvenile.”
Amaya Vs. Guerrero Rivera (child Custody), 2019 NV 27 (Nev. 2019).
“: Although appellant Yesennia Esmeralda Amaya was granted sole physical custody over her daughter, the district court denied her motion to make the three predicate findings necessary to petition the federal government for Special Immigrant Juvenile (SIJ) status.”
Nev. Rev. Stat. § 3.2203(3)(b): 1 case
Nev. Rev. Stat. § 3.2203(3)(c): 2 cases
In Re: Guardianship of B.A.A.R., 2020 NV 57 (Nev. 2020).
“2203 provides that Nevada district courts may, in certain types of proceedings, make the predicate factual findings necessary for an individual to apply for Special Immigrant Juvenile (SIJ) status with the United States Citizenship and Immigration Services of the Department of…”
In re Guardianship of B.A.A.R. (Nev. 2020).
“2203 provides that Nevada district courts may, in certain types of proceedings, make the predicate factual findings necessary for an individual to apply for Special Immigrant Juvenile (SIJ) status with the United States Citizenship and Immigration Services of the Department of…”
Nev. Rev. Stat. § 3.2203(4): 2 cases
In Re: Guardianship of B.A.A.R., 2020 NV 57 (Nev. 2020).
“2203 provides that Nevada district courts may, in certain types of proceedings, make the predicate factual findings necessary for an individual to apply for Special Immigrant Juvenile (SIJ) status with the United States Citizenship and Immigration Services of the Department of…”
In re Guardianship of B.A.A.R. (Nev. 2020).
“2203 provides that Nevada district courts may, in certain types of proceedings, make the predicate factual findings necessary for an individual to apply for Special Immigrant Juvenile (SIJ) status with the United States Citizenship and Immigration Services of the Department of…”
Nev. Rev. Stat. § 3.2203(8)(b): 2 cases
In Re: Guardianship of B.A.A.R., 2020 NV 57 (Nev. 2020).
“2203 provides that Nevada district courts may, in certain types of proceedings, make the predicate factual findings necessary for an individual to apply for Special Immigrant Juvenile (SIJ) status with the United States Citizenship and Immigration Services of the Department of…”
In re Guardianship of B.A.A.R. (Nev. 2020).
“2203 provides that Nevada district courts may, in certain types of proceedings, make the predicate factual findings necessary for an individual to apply for Special Immigrant Juvenile (SIJ) status with the United States Citizenship and Immigration Services of the Department of…”
Nev. Rev. Stat. § 3.2203(8)(c): 2 cases
In Re: Guardianship of B.A.A.R., 2020 NV 57 (Nev. 2020).
“2203 provides that Nevada district courts may, in certain types of proceedings, make the predicate factual findings necessary for an individual to apply for Special Immigrant Juvenile (SIJ) status with the United States Citizenship and Immigration Services of the Department of…”
In re Guardianship of B.A.A.R. (Nev. 2020).
“2203 provides that Nevada district courts may, in certain types of proceedings, make the predicate factual findings necessary for an individual to apply for Special Immigrant Juvenile (SIJ) status with the United States Citizenship and Immigration Services of the Department of…”
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