Appeals Court Again Reverses Disposition for Immigrant Youth

January 14, 2016

The California Court of Appeal has issued a second opinion confirming that the juvenile court is not required to turn youth over to Immigration and Customs Enforcement (ICE) in response to an ICE detainer.  In re Y.V., Case No. A142355.  The Youth Law Center served as amicus curiae and was represented by Baker & McKenzie.

The Appeals Court reversed a juvenile court disposition that required the youth to be held in juvenile hall and turned over to ICE.  It remanded the case to juvenile court to determine whether the case is moot, and if not, to select a disposition that serves the purposes of juvenile court law.  The Attorney General’s office agreed that the juvenile court misunderstood the scope of its discretion and did not object to the remand.

The prior case, In re Christian H., 238 Cal.App.4th 1085 (2015), was ordered published last year.  The Court of Appeal designated the Y.V. opinion as an unpublished decision.