In re Alamgir A.
81 A.D.3d 937
| N.Y. App. Div. | 2011Background
- Alamgir A., a Bangladeshi national, is 20, unmarried, and has lived in the United States since age 12.
- He lives with Mohammed Uddin in Queens since March 2009; Uddin provides support and a stable home.
- Alamgir’s parents still reside in Bangladesh and have not communicated with him for over seven years.
- Uddin filed a guardianship petition on July 15, 2009; Alamgir consented to the appointment.
- Alamgir sought additional findings to qualify for Special Immigrant Juvenile Status (SIJS) under 8 USC § 1101(a)(27)(J).
- Family Court denied both the guardianship petition and the SIJS-finding motion on March 8, 2010, citing potential Florida venue and lack of extraordinary circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether guardianship should be granted to enable SIJS eligibility | Alamgir seeks guardian appointment to access SIJS. | The court should dismiss/give no SIJS findings and deny guardianship. | Guardian appointment granted; SIJS findings approved. |
| Whether Alamgir’s best interests favor living with Uddin in the U.S. | Dependency and reunification with parents are not viable; Uddin offers stability. | Best interests require further consideration of reunification options. | Best interests served by ongoing guardianship with Uddin. |
| Whether reunification with parents is not viable due to neglect/abandonment | Record shows parental neglect and abandonment; reunification not viable. | No contrary evidence, challenge to guardianship lacks merit. | Reunification not viable due to parental neglect and abandonment. |
| Whether Alamgir qualifies as a dependent child under Family Court Act for SIJS | Dependency established via guardianship; SIJS eligibility intended. | Guardian appointment insufficient to establish dependency for SIJS. | Alamgir dependent on juvenile court; SIJS eligibility satisfied. |
| Whether the Family Court improperly denied the SIJS findings | Record supports SIJS findings and guardian appointment. | Insufficient analysis by Family Court; improper venue claim irrelevant here. | Remanded with findings: grant guardianship and SIJS eligibility. |
Key Cases Cited
- Matter of Trudy-Ann W. v Joan W., 73 AD3d 793 (1st Dep’t 2010) (guidance on best interests and SIJS eligibility; guardian appointment supports SIJS)
- Matter of Stuart, 280 NY 245 (N.Y. 1939) (best interests standard in guardianship matters)
- Matter of Trudy-Ann W. v Joan W., 73 AD3d 795 (1st Dep’t 2010) (guardian appointment supports SIJS eligibility interpretations)
- Matter of Antowa McD., 50 AD3d 507 (2d Dep’t 2008) (guardianship aiding SIJS eligibility; neglect/abandonment considerations)
- Es chbach v Eschbach, 56 NY2d 167 (NY 1982) (dependency framework for protective guardianship)
- Matter of Allen v Black, 275 AD2d 207 (2d Dep’t 2000) (independent factual review in guardianship appeals)
- Matter of Steward v Steward, 25 AD3d 714 (2d Dep’t 2006) (scope of appellate review in guardianship proceedings)
- Matter of Amrhein v Signorelli, 153 AD2d 28 (2d Dep’t 1989) (best interests and guardianship standards)