Appeals Panel Saves American Girl From Deportation
Last week a federal appeals court ruled immediately from the bench after oral arguments—which is highly unusual in itself—in a long custodial case involving an 8-year-old girl, according to the Jersey Journal.
The decision actually saved the American child from being deported.
The girl's mother wept openly in court after the decision was made.
The three-judge appeals panel in New Jersey dismissed efforts by an Argentinean resident to have his American-born daughter returned to his country during a custody fight that could go on for years.
"For almost four years, this case has been ongoing," Maryanne Trump Barry, one of the presiding judges, told the newspaper. She continued to say that all parties have been in limbo for too long and the judges "saw no reason for it to continue one more day."
She also said that the appeals court "may or may not" issue a written finding to support the decision and that all of the judges decided "as a matter of law" the case should be dismissed.
The three-judge appeal panel returned the case to the trial judge who had twice ordered the girl to be deported. Now, the trial judge must dismiss the case.
The divorce lawyer for the child's father said he was "done" and he will not appeal the court's decision.
Deciding Factors That Ruled Against the Deportation
A big part of the court's decision was that the child faced "grave risk of grievous physical and psychological harm" if she was to be deported to Argentina, according to Barry.
In fact, a report from the state Division of Youth and Family Services (DYFS) warned that the girl would be traumatized if she were sent to Argentina, and even said that she could possibly consider suicide if she was deported.
Another deciding factor was that the trial judge refused to allow allegations into evidence about her father's alleged sexual abuse against the girl and his alleged physical abuse against the child's mother, according to the newspaper.
The state originally became involved in the case after it was reported that DYFS failed to properly investigate charges of abuse against the father. It did, however, investigate allegations of abuse against the child's mother, which were cleared.
The state then joined in efforts to protect the girl's best interest in staying with her mother.
The New Jersey Office of the Child Advocate also joined the case on the mother's side, as did the National Center on Domestic and Sexual Violence, the Battered Women's Justice Project, the New Jersey Coalition for Battered Women and the Seton Hall Law School Center for Social Justice, according to the newspaper report.
"I am so happy—I cannot believe this is finally over," the mother told the newspaper. The 8-year-old girl, who wasn't allowed inside the courtroom during the proceedings, said she was "happy" that she wouldn't be going back to Argentina.
Related Custody & Immigration Articles:
- 'Secret' Marriages & U.S. Immigration Law
- Mexican Children Denied Human Dignity
- Child Custody Kidnappings: Rare, But Serious Crimes
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