Matter of Miguel C.-N. (Hosman C.-N.--Cruz Ermelinda C.-N.)
119 A.D.3d 562
N.Y. App. Div.2014Background
- Petitioner (half-brother) filed a Family Court Article 6 guardianship petition in Dec. 2012 to be appointed guardian of Miguel C.-N. to obtain special immigrant juvenile status (SIJS) findings under 8 U.S.C. § 1101(a)(27)(J).
- Family Court granted the guardianship but denied the petitioner’s motion for an order making the SIJS-related special findings (order dated Apr. 24, 2013).
- Petitioner moved for leave to reargue; leave granted but Family Court adhered to its original denial (order dated June 18, 2013).
- On appeal, the Appellate Division reviewed whether the record supported the special findings required for SIJS: (1) dependency; (2) unmarried and under 21; (3) reunification with one or both parents not viable due to neglect/abandonment; and (4) return to home country not in child’s best interests.
- The Appellate Division found the child was dependent, unmarried, under 21, and that return to Honduras would not be in his best interests — and, on independent factual review, concluded reunification with the father was not viable due to neglect/abandonment.
- The court reversed the Family Court on reargument: vacated the denial and granted the motion, making the SIJS findings to enable the child to petition USCIS.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court should issue SIJS special findings to enable child to petition USCIS | Petitioner argued the record (including detailed affidavits from the child) supports SIJS findings: child is dependent, unmarried/under 21, reunification with father not viable due to neglect/abandonment, and return to Honduras not in best interests | Family Court declined to make the special findings despite granting guardianship; implicitly found record insufficient on reunification/neglect issue | Appellate Division reversed: court found dependency, age/marital status, lack of viable reunification with father due to neglect/abandonment, and return to Honduras not in child’s best interests; SIJS findings granted |
Key Cases Cited
- Matter of Maria P.E.A. v. Sergio A.G.G., 111 A.D.3d 619 (App. Div. 2013) (discusses SIJS requirements and that neglect/abandonment by one parent can suffice for the reunification finding)
- Matter of Trudy-Ann W. v. Joan W., 73 A.D.3d 793 (App. Div. 2010) (addresses dependency and commitment requirements for SIJS eligibility)
- Matter of Marcelina M.-G. v. Israel S., 112 A.D.3d 100 (App. Div. 2013) (discusses best‑interests finding for returning a juvenile to country of origin)
- Matter of Tagliaferri v. Weiler, 1 N.Y.3d 605 (N.Y. 2004) (procedural citation on treating a notice of appeal as filed by the proper party)