In re Mohamed B.
83 A.D.3d 829
| N.Y. App. Div. | 2011Background
- Mohamed B. is a 19-year-old Sierra Leonean who lived with his grandmother and older brother; his father beat him and his mother neglected him.
- His father died in 2007; his mother remains in Sierra Leone; he has had no sustained parental support.
- In 2006 he came to the United States on a sponsored visa for a scholarship and eventually enrolled in high school in New York.
- Since February 2009 he has lived in New York with his former teacher who has provided financial and emotional support.
- In February 2009 the teacher sought guardianship; in April 2009 Mohamed sought findings to enable an application for SIJS; the Family Court granted guardianship but denied SIJS findings on March 11, 2010.
- The appellate court reverses, finding Mohamed dependent on the Family Court, and that reunification with his mother is not viable due to neglect/abandonment and it would not be in his best interest to return to Sierra Leone.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| SIJS eligibility under 8 USC 1101(a)(27)(J) | Mohamed is under 21, unmarried, dependent; reunification not viable due to parental neglect/abandonment; it would not be in his best interest to return. | Guardianship did not establish the required SIJS findings; reunification or best-interests concerns were not properly supported. | Reversed; Mohamed is dependent and meets SIJS criteria. |
| Appropriateness of focusing on separation from hosts | Separation circumstances are irrelevant to SIJS eligibility and should not drive findings. | Record supported consideration of the separation circumstances in evaluating the case. | Reversed; such focus was unwarranted and improper. |
| Reunification viability with mother | Record shows parental neglect/abandonment making reunification not viable. | Reunification viability requires careful factual finding; record did not conclusively support non-viability. | Not viable; the record supports non-viability of reunification with mother. |
| Best interests and return to Sierra Leone | Returning to Sierra Leone would not be in Mohamed's best interests due to neglect and instability. | Best interests analysis may weigh multiple factors including country conditions and stability. | Not in Mohamed's best interests to return; guardianship for SIJS approved. |
Key Cases Cited
- Matter of Trudy-Ann W. v. Joan W., 73 AD3d 793 (2010) (requires finding that reunification not viable and not in best interests for SIJS)
- Matter of Antowa McD., 50 AD3d 507 (2008) (supports dependency for SIJS purposes)
- Matter of Alamgir A., 81 AD3d 937 (2011) (dependency and non-viability of reunification evidenced by neglect)
- Matter of Jisun L. v. Young Sun P., 75 AD3d 510 (2010) (non-viability of reunification due to parental neglect)
- Matter of Jasmine A., 18 AD3d 546 (2005) (credibility and factual sufficiency in guardianship/immigration context)