Maryland case law › In Re Santos Nohe Lopez Perez

In Re Santos Nohe Lopez Perez

462 Md. 275 (2019) · Court of Appeals of Maryland
Court of Appeals of MarylandDisposition: ReversedMary Ellen Barbera✓ Good law
HoldingThis case arises from an emergency petition for certiorari filed by Santos Nohe Lopez Perez, a minor seeking Special Immigrant Juvenile Status (SIJS) before his 21st birthday on January 10, 2019.

Circuit Court for Prince George’s County Case No. CAE 17-06052 IN THE COURT OF APPEALS OF MARYLAND No. 61 September Term, 2018 IN RE SANTOS NOHE LOPEZ PEREZ Barbera, C.J. Greene McDonald Watts Hotten Getty, JJ. ORDER Filed: January 4, 2019 Pursuant to Maryland Uniform Electronic Legal Materials Act (§§ 10-1601 et seq. of the State Government Article) this document is authentic. 2019-01-08 10:47-05:00 Suzanne C. Johnson, Clerk IN RE SANTOS NOHE LOPEZ PEREZ * IN THE * COURT OF APPEALS * OF MARYLAND * No. 61 * September Term, 2018 CORRECTED ORDER WHEREAS, counsel for Petitioner has filed an emergency petition for certiorari and motion for related relief requesting that this Court reverse the Court of Special Appeals’ dismissal of Petitioner’s appeal as untimely; WHEREAS, Petitioner is attempting to obtain Special Immigrant Juvenile Status (“SIJS”), which, under federal law, he must apply for by his 21st birthday set to occur on Thursday, January 10, 2019; WHEREAS, this case arises from the circuit court’s August 31, 2017, order denying Petitioner’s request that the court enter the requisite SIJS factual findings, notwithstanding the uncontested evidence in the record demonstrating that Petitioner suffered parental abuse and neglect; WHEREAS, after the circuit court denied Petitioner’s motion to alter or amend that judgment on September 26, 2017, Petitioner filed a notice of appeal on October 12, 2017, that but for counsel’s failure to include a Certificate of Service would have been timely; WHEREAS, counsel filed a corrected notice of appeal on October 27, 2017; WHEREAS, the Court of Special Appeals decided the case 418 days after the appeal was noted; WHEREAS, the due process concerns underlying Maryland Rule 1-323 are not implicated here because Petitioner’s parents, who

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