Matter of Carlos A.M. v. Maria T.M.
141 A.D.3d 526
| N.Y. App. Div. | 2016Background
- Petitioner (Carlos A. M.) sought guardianship of Nelsy V. M. M. to enable her to apply for Special Immigrant Juvenile Status (SIJS).
- Family Court granted guardianship (Jan 12, 2015) and later issued an order (Feb 5, 2015) finding the child was under 21, unmarried, and dependent on the court, and that it was in her best interest to remain in the United States.
- USCIS denied the child's SIJS petition because the Family Court did not expressly find that reunification with a parent was not possible due to parental abuse, neglect, abandonment, or similar state-law grounds, nor that return to El Salvador would be contrary to the child’s best interests.
- Petitioner moved in Family Court (after USCIS denial) for the specific SIJS-related findings; Family Court denied the motion (May 5, 2015).
- On appeal, the Appellate Division reviewed the record independently, confirmed the child’s father was deceased (making reunification impossible), and found the record supported a finding that return to El Salvador would not be in the child’s best interest.
Issues
| Issue | Petitioner’s Argument | Respondent’s Argument | Held |
|---|---|---|---|
| Whether court must find reunification with a parent is not possible due to abuse/neglect/abandonment or similar state-law basis | Petitioner: Court should make the required SIJS finding; here father is deceased so reunification impossible | Respondent/Family Court: Did not make the specific statutory reunification finding | Court: Reunification not possible because father is deceased; required finding should be made |
| Whether court’s best-interest finding complied with SIJS requirement | Petitioner: Court must find it would not be in child’s best interest to return to prior country (El Salvador) | Respondent/Family Court: Court stated it was in child’s best interest to remain in U.S., which Family Court treated as sufficient | Court: Family Court’s phrasing was legally incorrect; record supports finding that return to El Salvador would not be in child’s best interest |
Key Cases Cited
- Matter of Maria P.E.A. v Sergio A.G.G., 111 A.D.3d 619 (discussing SIJS reunification and best-interest findings)
- Matter of Trudy-Ann W. v Joan W., 73 A.D.3d 793 (same)
- Matter of Luis R. v Maria Elena G., 120 A.D.3d 581 (reunification impossible where parent deceased)
- Matter of Emma M., 74 A.D.3d 968 (addressing parental status as a basis for reunification impossibility)