Matter of Amsi H. D.O. (Maria L.R.--Cesiah O.D.)
152 A.D.3d 524
| N.Y. App. Div. | 2017Background
- In May 2015 the petitioner (Maria L.R.) filed an Article 6 petition to be appointed guardian for Amsi H. D.O. to obtain Family Court findings enabling Amsi to apply for Special Immigrant Juvenile Status (SIJS).
- The relief sought included a declaration that Amsi is dependent on the Family Court and findings that she is unmarried, under 21, that reunification with one or both parents is not viable due to parental abandonment, and that return to Mexico would be contrary to her best interests.
- The child (Amsi) moved for an order directing the Family Court to make those specific SIJS findings so she could petition U.S. Citizenship and Immigration Services.
- After a hearing, the Family Court denied the child’s motion for issuance of the requested SIJS findings.
- The child appealed the denial; the Appellate Division, Second Department affirmed the Family Court’s order insofar as appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reunification with one or both parents is not viable due to parental abandonment (SIJS requirement) | Amsi argued the record supports a finding that reunification is not viable due to parental abandonment, warranting SIJS findings | The Family Court found the record did not establish parental abandonment sufficient to bar reunification | Affirmed: the record did not support a finding of nonviable reunification due to abandonment, so SIJS findings were properly denied |
| Whether Family Court should issue the specific SIJS findings requested | Amsi sought the formal specific findings (dependency, age/unmarried, nonviability due to abandonment, best interests of nonreturn) to enable an SIJS petition | Family Court declined because statutory prerequisites (nonviability due to abandonment) were not proven | Affirmed: Family Court correctly denied issuance of SIJS-specific findings without proof of the required grounds |
Key Cases Cited
- Matter of Maria P.E.A. v. Sergio A.G.G., 111 A.D.3d 619 (2d Dep't 2013) (discussing SIJS requirements including parental nonviability and best interests of return)
- Matter of Trudy-Ann W. v. Joan W., 73 A.D.3d 793 (2d Dep't 2010) (same; application of SIJS statutory criteria)
- Matter of Jasbir S. v. Dayal S., 138 A.D.3d 750 (2d Dep't 2016) (standard for finding parental abandonment/nonviability in SIJS context)
- Matter of Malkeet S., 137 A.D.3d 799 (2d Dep't 2016) (affirming denial of SIJS findings where record failed to show parental nonviability)
- Matter of Leslie J.D. v. Maria A.A.G., 136 A.D.3d 902 (2d Dep't 2016) (similar principle: SIJS findings require evidentiary support for parental abandonment/nonviability)