Special Immigrant Juveniles Not Subject To Reinstatement of Removal

Great News from Judy London at Public Counsel!

The Office of Administrative Appeals, in a decision dated November 14,
2002, held that a juvenile granted special immigrant juvenile status is
not subject to reinstatement.  This case arose in LA.  The Department of
Children's Service filed a SIJS and Adjustment application for a foster
care child who had accrued prior expedited removal orders while
attempting to enter the United States.  (He was fleeing extreme abuse
from his Mexican uncle who cared for him.)  The INS granted SIJS, but
denied adjustment on the grounds that he was subject to reinstatement.
Public Counsel and Latham & Watkins co-counselled this on appeal to the
AAO. As far as we know, this is the first decision on this issue.

Judy London
Directing Attorney
Immigrant Rights Project
Public Counsel

francislugo.pdf