Matter of Jasbir S. (Dayal S. -- Gurdev S.)
138 A.D.3d 750
| N.Y. App. Div. | 2016Background
- Petitioner (guardian-seeking individual) filed a Family Court Act article 6 petition to be appointed guardian of Jasbir S. to pursue Special Immigrant Juvenile Status (SIJS) under federal immigration law.
- Petitioner sought Family Court findings that the child is unmarried, under 21, dependent on the court, that reunification with one or both parents is not viable due to abandonment/neglect/abuse, and that return to India would be against the child’s best interests.
- After a hearing, the Family Court found the child was under 21, unmarried, dependent on the court, and that return to India would not be in his best interests.
- The Family Court nonetheless denied the petitioner’s motion for the specific SIJS-related findings because the petitioner failed to establish that reunification with one or both parents was not viable due to parental abuse, neglect, abandonment, or a similar state-law basis.
- The Appellate Division affirmed the Family Court order, agreeing that the record did not support the nonviability-of-reunification finding required for SIJS eligibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Family Court erred by refusing to make the SIJS-specific finding that reunification with one or both parents is not viable | Petitioner argued sufficient evidence showed reunification with one or both parents was not viable due to abandonment/neglect/abuse, warranting SIJS findings | Respondents (and Family Court) argued the record did not support a statutory/state-law basis to find reunification not viable | Court held petitioner failed to prove reunification was not viable under the required parental-abuse/neglect/abandonment or similar state-law standard, so SIJS findings properly denied |
Key Cases Cited
- Matter of Maria P.E.A. v Sergio A.G.G., 111 A.3d 619 (discussing SIJS requirements and the nonviability-of-reunification standard)
- Matter of Trudy-Ann W. v Joan W., 73 A.3d 793 (interpreting SIJS parental-reunification and best-interests findings)
- Matter of Leslie J.D. v. Maria A.A.G.-Sylvia D., 136 A.3d 902 (requiring record support for nonviability-of-reunification finding)
- Matter of Maria S.Z. v Maria M.A., 115 A.3d 970 (addressing evidentiary showing necessary for SIJS parental-reunification determination)