Diaz v. Munoz, 118 A.D.3d 989

Lesby Julissa Munoz Diaz, born in Honduras in 1995, was 17 and living with her mother in Nassau County since February 2012 when custody proceedings commenced.
The mother petitioned for custody and separately sought a court-issued order for SIJS eligibility findings; custody hearings were held separately from the SIJS motion.
The Family Court granted custody to the mother on Long Island after a custody hearing, but denied the SIJS findings at a separate hearing.
Evidence showed Munoz Diaz previously lived with relatives in Honduras, had never met her father, and feared gang violence in Honduras.
The trial court found paternal abandonment but nonetheless concluded it would not be in the child’s best interests to return to Honduras and thus denied the SIJS motion.
This Court reversed, concluding reunification with at least one parent is not viable due to parental abandonment and it would not be in the child’s best interests to return to Honduras; SIJS findings were warranted.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the child is eligible for SIJS based on nonviability of reunification with a parent and not returning to Honduras.	Munoz Diaz's guardians sought SIJS because reunification with a parent is not viable and return to Honduras is not in her best interests.	The court previously found reunification viable and erroneously denied SIJS.
SIJS findings granted; child declared dependent.

Matter of Marcelina M.-G. v Israel S., 112 AD3d 100 (2013) (nonviability of reunification with one parent supports SIJS)
Matter of Karen C., 111 AD3d 622 (2013) (SIJS eligibility requirements for nonviability and best interests)
Matter of Trudy-Ann W. v Joan W., 73 AD3d 793 (2010) (parental abandonment as basis for nonviability)
Matter of Maura A.R.-R. [Santos F.R.—Fidel R.], 114 AD3d 687 (2014) (affirming SIJS-based disposition upon proper findings)