In re Minor Child — Arkansas appeals court upholds refusal to add SIJ finding

Case
In the Matter of Minor Child
Court
Arkansas Court of Appeals, Division III
Judge
Bart F. Virden; Wood; Brown
Date Decided
August 26, 2026
Docket No.
CV-25-674
Topics
Guardianship; Special Immigrant Juvenile status; Probate; Due process
Source
Read the full opinion

Background

Micaela Sanchez petitioned for guardianship of her fourteen-year-old daughter, MC. She alleged that MC’s father had abandoned the child shortly after birth, had provided no support, and could not be located. Sanchez sought sole authority to make medical, passport, and travel decisions for MC.

The Garland County Circuit Court appointed Sanchez as MC’s guardian and found reunification with the father was not viable because of abandonment and neglect. Sanchez then sought a hearing and an additional finding that it was not in MC’s best interest to return to Guatemala, a finding she said was necessary for MC to seek Special Immigrant Juvenile status.

The Court’s Holding

The Arkansas Court of Appeals affirmed. The probate court was not required under Arkansas’s guardianship statutes to make a separate finding that MC’s best interest was served by remaining in the United States. Its findings that MC was incapacitated by age and that guardianship was desirable to protect her interests satisfied the statutory requirements.

The appellate court did not hold that the probate court lacked authority to make the requested immigration-related finding. Rather, it held that the record did not show clear error in declining to amend the guardianship order on the showing Sanchez had made. It also held that Sanchez’s due-process argument was unpreserved and that the statute allowing a ward or guardian to request a hearing is permissive, not mandatory.

Key Takeaways

  • Arkansas probate guardianship statutes do not require an SIJ-related finding on return to a child’s country of nationality.
  • A probate court’s refusal to add that finding was not clearly erroneous on this record.
  • A guardian may petition again and present additional evidence supporting an SIJ best-interest finding.

Why It Matters

The decision distinguishes between findings required to establish a minor guardianship and findings that may be needed for federal immigration relief. Guardianship counsel seeking SIJ predicate findings should expressly invoke the relevant authority and provide evidence directed to the child’s best interests if returned abroad.

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