## Facts

- C.J.L.G., a citizen of Honduras, was born and raised in Honduras.
- When he was 14, a local gang tried to recruit him on three occasions.
- After he refused the third time, gang members held him at gunpoint and threatened to kill him and his family.
- The gang gave him one day to decide whether to join.
- C.J.L.G. and his mother fled Honduras for the United States.
- C.J.L.G.’s father had left the family years earlier and was not part of C.J.L.G.’s life.
- In removal proceedings, C.J.L.G. applied for asylum and related protection.
- The Immigration Judge (IJ) found C.J.L.G.’s testimony credible but denied relief and ordered him removed.
- The IJ did not inform C.J.L.G. that he might be able to seek Special Immigrant Juvenile (SIJ) status (and related adjustment of status).
- The Board of Immigration Appeals (BIA) dismissed C.J.L.G.’s appeal and agreed that the IJ had no duty on these facts to advise him about SIJ-based relief.
- C.J.L.G. petitioned for review in the Ninth Circuit, arguing that 8 C.F.R. § 1240.11(a)(2) required the IJ to advise him of his apparent eligibility for SIJ relief.

## Issues

1. Whether 8 C.F.R. § 1240.11(a)(2) requires an IJ to inform a respondent in removal proceedings of apparent eligibility to seek SIJ-related relief.
2. Whether the facts in the record created a reasonable possibility that C.J.L.G. could qualify for SIJ status, such that his eligibility was “apparent” and the IJ had to provide an advisal.

## Decision

- The en banc Ninth Circuit granted the petition for review.
- The court held that 8 C.F.R. § 1240.11(a)(2) requires IJs to inform respondents of apparent eligibility to apply for benefits listed in the applicable regulations, and that SIJ-related relief falls within that scope.
- The court applied its “apparent eligibility” standard: the duty arises when the facts before the IJ raise a reasonable possibility that the respondent may qualify for the relief.
- The court concluded the record made SIJ eligibility reasonably possible, including evidence that reunification with the father might not be viable due to abandonment and that returning to Honduras might not be in C.J.L.G.’s best interest given the gang threats.
- The court held the IJ erred by not advising C.J.L.G. about potential SIJ relief.
- The court reversed the BIA’s ruling on the advisal question and remanded for further proceedings, so C.J.L.G. could have a chance to pursue SIJ-related options.
- The court did not decide that C.J.L.G. actually satisfied SIJ requirements; it held only that the record showed a reasonable possibility of eligibility sufficient to require an advisal.

## Legal Principles

- Under 8 C.F.R. § 1240.11(a)(2), an IJ must inform a respondent in removal proceedings of “apparent eligibility” to apply for covered benefits and give an opportunity to apply during the hearing.
- “Apparent eligibility” exists when the facts before the IJ raise a reasonable possibility that the respondent may be eligible for the relief.
- SIJ status (and the potential path it provides toward adjustment of status and relief from removal) is a covered benefit for purposes of the IJ’s advisal duty.
- SIJ status generally requires a state-court predicate order placing the child in dependency or custody and including findings that (i) reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law, and (ii) it is not in the child’s best interest to return to the country of nationality or last habitual residence.
- SIJ status is sought through USCIS after obtaining the required state-court findings; if granted, the child may then seek adjustment of status when eligible.
- When an IJ fails to give the advisal required by § 1240.11(a)(2), the proper remedy is to grant the petition for review and remand for a new hearing to allow the respondent a fair chance to pursue the overlooked relief.

## Conclusion

*C.J.L.G. v. Barr* held that, under 8 C.F.R. § 1240.11(a)(2), an immigration judge must inform a minor respondent of apparent eligibility for SIJ-related relief when record facts make eligibility reasonably possible; because the record suggested parental abandonment and serious risk if returned to Honduras, the IJ’s failure to advise was error, requiring reversal of the BIA on that point and remand for further proceedings.


C.J.L.G. v. Barr, 923 F.3d 622 (2019)