Tomorrow morning, the Supreme Court will file its opinion in Bianka M. v. Superior Court, which was argued on the June calendar. (Briefs here; oral argument video here.)
Bianka M. raises an issue at the intersection of state and federal law in the immigration field: Did the trial court err in denying petitioner’s request for an order making findings concerning Special Immigrant Juvenile status (8 U.S.C. § 1101(a)(27)(J); see Code Civ. Proc., § 155) and placing her in her mother’s sole legal and physical custody? Fourth District, Division One, Presiding Justice Judith McConnell is the pro tem. [Disclosure: Horvitz & Levy submitted an amici curiae brief in this case supporting the petitioner.]
Bianka M. is unusual. No one initially defended the Court of Appeal’s opinion, causing the Supreme Court to affirmatively seek an amicus brief in place of an answer brief. But even that solicited amicus brief (not the one filed by Horvitz & Levy) says it is “tak[ing] a neutral approach,” “agree[ing] with some of the Court of Appeal’s rulings . . . [and] disagree[ing] with others,” and “agree[ing] with Petitioner in some, but not all, respects.”
The opinion can be viewed tomorrow starting at 10:00 a.m.
