Supreme Court of the United States · Official docket →
N. B. D. v. Kentucky Cabinet for Health and Family Services
Paid petition · Supreme Court of Kentucky, No. 2018-SC-000592-DGE · judgment June 13, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Federal immigration law recognizes “special immigrant juvenile” or “SIJ” status, the holders of which are eligible for an immigrant visa and permanent residency in the United States. The status was created to protect abused, neglected, and abandoned children by allowing them to stay in care arrangements in the United States that serve their best interests, instead of facing deportation back to their previous circumstances. To be eligible for SIJ status, a juvenile must obtain certain findings: that she is dependent on a state juvenile court or on a care arrangement created by such a court; that reunification with her parents is not viable due to abuse, neglect, abandonment, or a similar basis; and that it would not be in her best interest to be returned to her previous country of nationality or of last habitual residence. See 8 U.S.C. § 1101(a)(27)(J). SIJ status is unusual in that these findings are only made by state courts—not federal ones. Only once a juvenile obtains the predicate findings from a state court can she submit a petition to the Secretary of Homeland Security for SIJ status. The question presented, which has divided state courts, is: Whether federal law requires state courts of competent jurisdiction to make predicate findings for special immigrant juvenile status determinations upon request.
Counsel of record
For petitioner
Tejinder Singh
Sparacino PLLC
For respondent
Thomas Edison Edge
Tom Edge, Attorney & Counselor at Law
Proceedings
- Jun 29 2020Petition DENIED.
- Jun 09 2020DISTRIBUTED for Conference of 6/25/2020.
- Jun 09 2020Supplemental brief of petitioners Diaz Juarez, et al. filed. (Distributed)
- May 21 2020Brief amicus curiae of United States filed.
- Jan 13 2020Motion for leave to intervene as petitioner GRANTED.
- Jan 13 2020The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Dec 23 2019DISTRIBUTED for Conference of 1/10/2020.
- Dec 23 2019Motion for leave to intervene as petitioner filed by Nelida Maribel Diaz Juarez. (Distributed)
- Dec 23 2019Reply of petitioners Diaz Juarez, et al. filed. (Distributed)
- Dec 18 2019Letter waiving the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.
- Dec 17 2019Brief of respondent Kentucky Cabinet for Health and Family Services in opposition filed.
- Nov 08 2019Petition for a writ of certiorari filed. (Response due December 18, 2019)
- Oct 01 2019Application (19A247) granted by Justice Sotomayor extending the time to file until November 8, 2019.
- Sep 30 2019Application (19A247) to extend further the time from October 11, 2019 to November 8, 2019, submitted to Justice Sotomayor.
- Sep 04 2019Application (19A247) granted by Justice Sotomayor extending the time to file until October 11, 2019.
- Aug 30 2019Application (19A247) to extend the time to file a petition for a writ of certiorari from September 11, 2019 to October 11, 2019, submitted to Justice Sotomayor.