132 A.D.3d 876
N.Y. App. Div.2015Background
- Jeison P.-C., born in Guatemala, lived with his parents there until age 17 and left for the U.S. in March 2012 with their consent to escape gang violence and pursue studies.
- After arriving in New York, Jeison resided with his cousin, petitioner Conception P., who provided food, clothing, and shelter; Jeison remained in frequent contact with his parents.
- In April 2014, when Jeison was 19, Conception filed a Family Court Act article 6 petition seeking guardianship and moved for findings to enable Jeison to apply for Special Immigrant Juvenile Status (SIJS).
- The petitioner requested findings that Jeison was under 21, unmarried, dependent on the court, that reunification with one or both parents was not viable due to abuse/neglect/abandonment, and that returning to Guatemala would be contrary to his best interests.
- Jeison’s supporting affidavit stated his family lived in poverty and that he left because of gang violence and lack of funds for higher education; the Family Court denied the branch seeking the nonviability finding on the ground that mere financial inability to provide for education does not constitute abuse, neglect, or abandonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reunification with one or both parents was not viable due to parental abuse, neglect, or abandonment (for SIJS) | Jeison/Conception: Poverty and parental inability to fund college, plus escape from gang violence, make reunification not viable | Family Court/Respondent: Parents consented to his departure, stayed in contact; financial inability alone is not abuse/neglect/abandonment | The court held that financial inability to provide college or assistance does not establish parental abuse, neglect, or abandonment; denied the nonviability finding |
Key Cases Cited
- Matter of Haide L.G.M. v Santo D.S.M., 130 A.D.3d 734 (2d Dep't 2015) (discussing SIJS dependency and nonviability findings)
- Matter of Marcelina M.-G. v Israel S., 112 A.D.3d 100 (2d Dep't 2013) (SIJS best-interest and nonviability standards)
- Matter of Argueta v Ruiz, 128 A.D.3d 689 (2d Dep't 2015) (poverty alone does not establish nonviability)
- Matter of Miguel A.G.G., 127 A.D.3d 858 (2d Dep't 2015) (limitations on nonviability findings where contact and consent exist)
- Matter of Marvin E.M. de P., 121 A.D.3d 892 (2d Dep't 2014) (parental inability to fund education insufficient for abandonment)
- Matter of Maria S.Z. v Maria M.A., 115 A.D.3d 970 (2d Dep't 2014) (financial hardship does not alone demonstrate neglect or abandonment)