Opinion
DOCKET NO. A-4080-13T3
06-19-2015
S.R., Plaintiff-Appellant, v. G.N. Defendant-Respondent.
American Friends Service Committee, attorneys for appellant (Kimberly Krone, on the brief). Respondent has not filed a brief.
RECORD IMPOUNDED
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Before Judges Reisner and Higbee. On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Morris County, Docket No. FM-14-1536-07. American Friends Service Committee, attorneys for appellant (Kimberly Krone, on the brief). Respondent has not filed a brief. PER CURIAM
This case involves an application on behalf of a juvenile, by his mother, asking the court to make special findings designed to assist him to stay in this country. See H.S.P. v. J.K., 435 N.J. Super. 147 (App. Div.), certif. granted, ___ N.J. ___ (2014).
The essence of the application is that, although the juvenile is currently residing with his mother in Morris County, he is facing deportation back to Costa Rica, where he will wind up either being abandoned or living with his violent, abusive father. The juvenile is under the custody of the juvenile court, as the result of a prior adjudication of delinquency.
Apparently misunderstanding the nature of the application, the Family Part judge treated this case as though it were an ordinary custody matter. The judge did not conduct a testimonial hearing, and did not make any of the findings relevant to a determination under the controlling immigration statute. See 8 U.S.C.A. § 1101(a)(27)(J).
We cannot engage in meaningful appellate review without a complete record and factual findings. See Strahan v. Strahan, 402 N.J. Super. 298, 310 (App. Div. 2008). Moreover, because this is an emerging area of law, see H.S.K., supra, it is particularly important to allow the applicant to make a complete evidentiary record. Accordingly, we reverse and remand this case to the Family Part for an expedited testimonial hearing and a decision which includes complete, relevant factual findings and legal conclusions. The proceedings on remand shall be concluded within sixty days of the date of this opinion.
In the discretion of the Family Part Presiding Judge, the remand may be assigned to any judge who is available to handle it in a timely manner. --------
We do not retain jurisdiction. However, should the proceedings on remand result in another appeal, the Clerk's Office shall issue an accelerated briefing schedule and calendar it before Part C as soon as the briefs are filed.
Remanded. I hereby certify that the foregoing is a true copy of the original on file in my office.
CLERK OF THE APPELLATE DIVISION