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De Mateo v. Mateo-Cristobal

Court of Appeals of Nebraska

January 14, 2020

Maura Alonzo-Baltazar De Mateo, appellant.
v.
Mateo N. Mateo-Cristobal, appellee.

         1. Statutes. Statutory interpretation presents a question of law.

         2. Jurisdiction: Appeal and Error. Before reaching the legal issues presented for review, it is the duty of an appellate court to determine whether it has jurisdiction over the matter before it.

         3.___: ___. An appellate court has a duty to determine whether it has jurisdiction over the matter before it irrespective of whether the issue of jurisdiction was raised or considered by the district court.

         4. Appeal and Error. Plain error is error plainly evident from the record and of such a nature that to leave it uncorrected would result in damage to the integrity, reputation, or fairness of the judicial process.

         5. Courts: Jurisdiction: Child Custody: Federal Acts. Courts with jurisdiction over an "initial child custody determination" as that term is used in Neb. Rev. Stat. § 43-1238(a) (Cum. Supp. 2018) also have jurisdiction and authority to make special findings of fact similar to those contemplated by 8 U.S.C. § 1101(a)(27)(J) (2018).

         6. Child Custody: Words and Phrases. "Child custody proceeding" is defined under Neb. Rev. Stat. § 43-1227(4) (Reissue 2016) as a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue and includes a proceeding for divorce in which the issue of custody or visitation may appear.

         7. Appeal and Error. An appellate court will not consider an issue on appeal that was not passed upon by the trial court.

          Appeal from the District Court for Douglas County: Duane C. Dougherty, Judge. Reversed and remanded for further proceedings.

         [27 Neb.App. 970] William P. Crawford, of Kendall Law Office, PC, L.L.O., for appellant.

          No appearance for appellee.

          Pirtle, Riedmann, and Welch, Judges.

          RIEDMANN, JUDGE.

         INTRODUCTION

         Maura Alonzo-Baltazar De Mateo (De Mateo) appeals the order of the district court for Douglas County which denied her request to make certain special findings related to her children's eligibility to apply for special immigrant juvenile (SIJ) status under 8 U.S.C. § ...


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