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Justia Daily Opinion Summaries

Supreme Court of Nevada
September 5, 2020

Table of Contents

In re Guardianship of B.A.A.R.

Family Law, Immigration Law

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Supreme Court of Nevada Opinions

In re Guardianship of B.A.A.R.

Citation: 136 Nev. Adv. Op. No. 57

Opinion Date: September 3, 2020

Judge: Per Curiam

Areas of Law: Family Law, Immigration Law

The Supreme Court reversed the district court's denial of Appellant's petition for guardianship of her nephew, holding that the district court evaluated under the incorrect standard Appellant's request for 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 Homeland Security. In her petition, Appellant requested that the district court make the predicate factual findings for an individual to apply for SIJ status, including a finding that reunifying her nephew with his mother in his country of origin was not viable due to abuse or neglect. The district court denied the request after applying the heightened standard of proof applicable in proceedings for the termination of parental rights under Nev. Rev. Stat. Chapter 128. The Supreme Court reversed, holding that a party requesting predicate factual findings under Nev. Rev. Stat. 3.2203 need only show that such findings are warranted by a preponderance of the evidence.

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