Matter of Anibal H. (Maria G. G. H.)
138 A.D.3d 841
| N.Y. App. Div. | 2016Background
- Mother petitioned under Family Court Act article 6 to be appointed guardian of her son, Anibal H., and to obtain findings enabling him to apply for Special Immigrant Juvenile Status (SIJS) with USCIS.
- The petition sought findings that Anibal is dependent on Family Court, unmarried, under 21, that reunification with a parent is not viable due to parental abandonment, and that return to El Salvador would be contrary to his best interests.
- Family Court denied the mother’s motion, without a hearing, refusing to make the SIJS-related findings.
- The Appellate Division reviewed the record de novo and assessed whether the statutory SIJS elements under federal law (8 U.S.C. § 1101(a)(27)(J)) were satisfied.
- The appellate court found the record supported dependency, age, and unmarried status, and concluded reunification with the father was not viable due to abandonment and that return to El Salvador would not be in the child’s best interests.
- The Appellate Division reversed, granted the mother’s motion, declared the child dependent, and made the specific SIJS findings needed for the child to petition USCIS.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Family Court should make findings enabling SIJS application | Mother: court should declare dependency, age/unmarried status, reunification not viable due to abandonment, and return to El Salvador contrary to best interests | Family Court (implicitly): denied making those findings; no hearing granted | Reversed: Appellate Division granted the motion and made the SIJS findings |
| Whether reunification must be found not viable | Mother: statute requires finding that reunification is not viable due to abuse/neglect/abandonment | Implicitly, Family Court misrecited requirement (apparently suggested viability required) | Court clarified federal law requires a finding that reunification is not viable and found reunification with father not viable due to abandonment |
| Whether the child is dependent and meets age/marital status requirements | Mother: record shows child is under 21, unmarried, and dependent on juvenile court | Family Court questioned making SIJS findings but did not dispute age/dependency on record | Appellate Division found record supports dependency, under-21, unmarried |
| Whether return to country of origin would be contrary to child’s best interests | Mother: record shows return to El Salvador would be contrary to child’s best interests | Family Court did not adopt that finding | Appellate Division found return to El Salvador would not be in child’s best interests |
Key Cases Cited
- Matter of Maria P.E.A. v. Sergio A.G.G., 111 A.D.3d 619 (2d Dep’t 2013) (discusses SIJS requirements and need for state-court findings on reunification)
- Matter of Trudy-Ann W. v. Joan W., 73 A.D.3d 793 (2d Dep’t 2010) (SIJS dependency and reunification analysis)
- Matter of Leslie J.D., 136 A.D.3d 902 (2d Dep’t 2016) (reunification not viable standard under state/federal law)
- Matter of Haide L.G.M. v. Santo D.S.M., 130 A.D.3d 734 (2d Dep’t 2015) (SIJS reunification and abandonment considerations)
- Matter of Dallas Keith M., 55 A.D.3d 612 (2d Dep’t 2008) (parental abandonment can render reunification not viable)
- Matter of Marisol N.H., 115 A.D.3d 185 (2d Dep’t 2014) (best-interests analysis for return to country of origin)
- Matter of Tommy E.H. v. Silvia C., 134 A.D.3d 840 (2d Dep’t 2015) (appellate court may make SIJS findings when record permits)