Matter of Leslie J.D. (Maria A.A.G. -- Sylvia D.)
140 A.D.3d 1162
N.Y. App. Div.2016Background
- Petitioner (Maria A.A.G.) sought guardianship of Leslie J.D. to obtain Family Court findings necessary for Leslie to apply for Special Immigrant Juvenile Status (SIJS).
- Petitioner moved for an order declaring the child dependent, unmarried, under 21, that reunification with one or both parents was not viable due to abandonment, and that return to Belize would be contrary to the child’s best interests.
- Family Court (April 1, 2015) found the child was under 21, unmarried, dependent, and that return to Belize would be adverse, but denied the SIJS-related relief because it concluded reunification was a viable option.
- While that appeal was pending, petitioner sought leave to renew the motion based on additional facts aimed at showing parental abandonment. Family Court denied the renewal (Nov. 12, 2015).
- This Court previously affirmed the April 1, 2015 order on independent factual review, concluding the record did not support a finding that reunification was not viable due to abandonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner should be permitted to renew her motion for SIJS findings | New evidence/facts show parental abandonment and warrant renewed findings to support SIJS | Record lacks proof of abandonment; reunification remains viable | Denial of leave to renew affirmed; new facts would not change prior determination |
Key Cases Cited
- Matter of Leslie J.D., 136 A.D.3d 902 (2d Dep’t 2016) (affirming Family Court's SIJS-related findings on independent factual review)
- Matter of Maria P.E.A. v. Sergio A.G.G., 111 A.D.3d 619 (2d Dep’t 2013) (describing SIJS statutory requirements including nonviability of reunification)
- Matter of Trudy-Ann W. v. Joan W., 73 A.D.3d 793 (2d Dep’t 2010) (discussing SIJS criteria and state-law bases for nonviability)
- Matter of Miguel A.G.G. v. Milton N.G.G., 127 A.D.3d 858 (2d Dep’t 2015) (renewal denied where new facts would not change prior ruling)
- Matter of Maria S.Z. v. Maria M.A., 115 A.D.3d 970 (2d Dep’t 2014) (renewal standard; insufficient new facts to alter prior determination)