Matter of Gabriela Y.U.M. (Palacios)
119 A.D.3d 581
| N.Y. App. Div. | 2014Background
- Gabriela Y.U.M., an 18-year-old native of El Salvador, surrendered to U.S. immigration authorities in 2012 and has lived with her uncle (the petitioner) in Nassau County since then.
- Gabriela's mother died when she was six; from age 12 her father provided no financial support and she lived with relatives where she suffered sexual abuse by relatives' husbands.
- Her father arranged for her to be smuggled from El Salvador; she endured a dangerous journey and was left in the desert before surrendering to immigration authorities.
- The petitioner petitioned under Family Court Act article 6 to be appointed Gabriela’s guardian until she turns 21; Gabriela and her father consented.
- The Family Court granted guardianship only until Gabriela’s 18th birthday (the order stated extension to 21 required the subject’s consent if over 18), and the order expired on her 18th birthday.
- The petitioner moved for Family Court findings to support Gabriela’s application for Special Immigrant Juvenile Status (SIJS). The Family Court denied the motion, finding reunification with her father viable and therefore denying SIJS-related findings; the Appellate Division reversed.
Issues
| Issue | Petitioner (Umana Palacios) | Opposing position (Family Court / implicitly father) | Held |
|---|---|---|---|
| Whether guardianship should extend until Gabriela’s 21st birthday | Extension is in Gabriela’s best interests and establishes dependency | Trial court limited guardianship to 18, citing procedural/form language | Granted: guardianship extended to age 21 (best interests control) |
| Whether Family Court should make SIJS findings (dependency, nonviability of reunification, best interests re return to El Salvador) | Record shows Gabriela is dependent, reunification with father is not viable due to neglect/abuse history, and return to El Salvador is not in her best interests | Court found reunification with father viable (no abuse/abandonment) and thus denied SIJS findings | Granted: court should have made SIJS findings — dependency, nonviability of reunification due to neglect, and that return to El Salvador is contrary to Gabriela’s best interests |
| Whether appellate court must independently review factual record supporting SIJS criteria | Petitioner urged reversal based on record showing neglect and risk upon return | Family Court relied on speculative possibility of reunification; limited factfinding | Appellate court performed independent factual review and found record supports nonviability and best-interest findings |
| Whether specific formal findings are required to permit SIJS application | Petitioner sought explicit Family Court findings to meet 8 U.S.C. §1101(a)(27)(J) requirements | Family Court declined to issue the special findings | Granted: Family Court must issue the specific findings enabling Gabriela to petition for SIJS |
Key Cases Cited
- Matter of Marcelina M.-G. v Israel S., 112 A.D.3d 100 (App. Div. 2013) (discusses SIJS statutory requirements)
- Matter of Karen C., 111 A.D.3d 622 (App. Div. 2013) (reunification nonviability and best-interest analysis for SIJS)
- Matter of Mohamed B., 83 A.D.3d 829 (App. Div. 2011) (parental neglect can render reunification nonviable)
- Matter of Trudy-Ann W. v Joan W., 73 A.D.3d 793 (App. Div. 2010) (dependency and nonviability analyses for SIJS)
- Matter of Maura A.R.-R., 114 A.D.3d 687 (App. Div. 2014) (best interests paramount in guardianship proceedings)
- Matter of Kamaljit S., 114 A.D.3d 949 (App. Div. 2014) (considerations in determining return to native country not in juvenile’s best interests)
- Matter of Jisun L. v Young Sun P., 75 A.D.3d 510 (App. Div. 2010) (danger and lack of support in home country factor into SIJS best-interest finding)