Hernandez-Lemus v. Arias-DiazAnnotate this Case
The Supreme Judicial Court vacated so much of the judgment granting sole legal and physical custody of Petitioner’s child to Petitioner that declined to enter special findings and remanded the case for further proceedings.
Petitioner filed a petition seeking custody of his son, a seventeen-year-old undocumented immigrant from Guatemala. A motion for special findings of fact and rulings of law requesting the judge to make special findings necessary for the child’s application for special immigrant juvenile status under 8 U.S.C. 1101(a)(27)(J) was also filed. The judge declined to make the requested special findings. The Supreme Judicial Court held that the child was entitled to the special findings and directed the probate and family court to act forthwith on the motion for special findings.