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SIJ Victory in California: Bianka M. v. Superior Court

August 17, 2018 (1 min read)

Bianka M. v. Superior Court - "We granted review to determine whether the superior court properly required the child’s nonresident, noncustodial parent to be joined as a party in her parentage action seeking special immigrant juvenile findings. We also consider whether, as certain language in the Court of Appeal’s opinion might suggest, the child’s perceived immigration-related motivations for filing the action have any bearing on whether the action may proceed. Our answer to both questions is no. Provided that the absent parent has received adequate notice, the action may proceed even if the parent is beyond the personal jurisdiction of the court and cannot be joined as a party. The action may also proceed regardless of whether the court believes it was filed primarily for the purpose of obtaining the protections from abuse, neglect, or abandonment that federal immigration law provides. We reverse the judgment of the Court of Appeal and remand for further proceedings."