Arizona Supreme Court: In re the Marriage of Quijada and Dominguez
Case No. CV-23-0160-PR Filed June 18, 2024
ISSUES:
- Whether federal immigration law preempts Arizona courts from allowing a TD visa holder to establish domicile under Arizona law for divorce proceedings.
- Whether 8 U.S.C. §1184(e)(1) permits a TD visa holder to change her domiciliary intent upon entering the United States.
- Whether Elkins v. Moreno permits TD visa holders to nullify the conditions of their visas by seeking a visa that could lead to permanent residence.
DECISION:
- Federal immigration law does not preempt Arizona courts from exercising jurisdiction over divorce proceedings involving TD visa holders.
- The court did not directly address this issue, as it was unnecessary given the resolution of the first issue.
- The court did not directly address this issue, as it was unnecessary given the resolution of the first issue.
Dissent:
Justice Montgomery, joined by Justice King, dissented, arguing that federal immigration law establishes conditions for nonimmigrant visa holders that preclude them from establishing domicile in Arizona for divorce proceedings, thereby precluding jurisdiction for Arizona courts. As a side note, they get bonus points from JurisAlert for referencing The Princess Bride.
Synopsis:
The Arizona Supreme Court held that federal immigration law does not divest Arizona courts of jurisdiction over a divorce sought by a TD nonimmigrant visa holder whose visa has expired. The court emphasized the principles of federalism and the presumption against preemption, particularly in areas traditionally governed by state law, such as domestic relations. The court distinguished between immigration status and the factual determination of domicile under Arizona law, concluding that granting a divorce would not interfere with federal immigration objectives.
Outcome of the Case:
The Arizona Supreme Court reversed the trial court’s dismissal for lack of subject matter jurisdiction and remanded the case, allowing the divorce proceedings to continue in Arizona courts. NOTE: Petition for certiorari to US Supreme Court filed Sept. 13, 2024; Cert. denied Nov. 12, 2024.