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 , 2019IN RE SANTOS NOHE LOPEZ PEREZ * IN THE

* COUR T OF APPEALS

* OF MARYLAND

* No. 61

* September Term, 2018



### C O R R E C T E D

O R D E R

WHEREAS

, counsel for Petitioner has filed an emergency petition for certiorari

and motion for related relief r equesting that this Court reverse the Court of Special

Appeals’ dismissal of P etitioner’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 21 st birthday set to occur on

Thursday, January 10, 201 9 ;

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 demonstrat ing that Petitioner

suff ered 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 a ppeal 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 reside in Guatemala, previously waived

service and do not contest Petitioner’s allegations of abuse and neglect ;

WHEREAS

, Petitioner is left without recourse to redress counsel’s deficient

conduct and, through no fault of his own, may face severe hardship if the Court of Special

Appeals ’ decision stands ;

WHEREAS

, in light of the above, this Court

, in separate order

, granted the petition

for certiorari in the above

- entitled case ;

NOW, therefore

, it is this 4 th day of January 2019,

ORDERED

, by the Court of Appeals of Maryland, a majority of the Court

concurring, that the judgment of the Court of Special Appeals be reversed in the interest of

justice ; and it is further

ORDERED

, that this case be remanded to the Court of Special Appeals with the

instruction that the August 3 1, 2017 order of the Circuit Court for Prince George’s County

,

Docket Entry No. 15

, be vacated and

, further, that the case be remanded to the Circuit Court

to enter forthwith an amended order that includes the following factual findings: (1)

Petitioner is an unmarried individual under the age of 21, (2) Petitioner has been placed

under the custody of an individual appointed by the court, (3) the court has jurisdictionunder Maryland law to make determinations about Petitioner’s custody and care, (4)

reunification with Petitioner’s parents is not viable due to the unrefuted evidence of abuse

and neglect, and (5) it is not in Petitioner’s best interest to return to Guatemala ; and it is

further

ORDERED

, that this order be satisfied with haste , as Mr. Perez faces the imminent

deadline of January 9 , 2019

, to s ubmit his SIJS application. This order pertains solely and

exclusively to the extraordinary and exigent circumstances of this case. All costs are

waived. Mandate to issue forthwith.

/s/ Mary Ellen Barbera

Chief Judge