California high court rules for immigrant kids in visa fight
Law Review
The California Supreme Court on Thursday made it easier for some immigrant children who are abused or abandoned by a parent to seek a U.S. visa to avoid deportation in a ruling that advocates said would help thousands of children.
State judges cannot require that children drag an absentee parent living abroad into court in their visa application process, the justices said in a unanimous decision. Immigration rights advocates had warned that such a requirement would make it nearly impossible for the children to fight deportation. That's because courts in California cannot establish authority over a foreign citizen and the parent may want nothing to do with a child claiming abuse, and would refuse to participate in a court proceeding in the U.S., immigration groups said.
The ruling overturned a lower court decision. The California Supreme Court said it was sufficient to adequately notify the absent parent of the court proceedings, but that parent did not have to be a party to the case.
California Attorney General Xavier Becerra said in court documents that the case had implications for a "substantial portion" of the thousands of children who have fled to the U.S. from Central America and Mexico and settled in California. Kristen Jackson, an attorney for the plaintiff in the case, estimated the ruling would affect thousands of children.
Related listings
-
N Carolina Supreme Court race lawsuit returning to court
Law Review 08/11/2018A North Carolina Supreme Court candidate's lawsuit against Republican legislators over a law preventing him from having his party listed on November ballots is returning to court.A judge scheduled a Wake County hearing Monday to consider requests by ...
-
Filing period opens for West Virginia Supreme Court seat
Law Review 08/05/2018The filing period has begun for a special election for the West Virginia Supreme Court.The filing period for the unexpired seat of former Justice Menis Ketchum started Monday and runs through Aug. 21. The special election will be held concurrently wi...
-
Chicago releases plan for court-monitored police reform
Law Review 07/28/2018Chicago and state officials released a plan Friday to carry out far-reaching police reforms under federal court supervision more than a year after a U.S. Justice Department investigation found a longstanding history of civil rights violations by the ...