Matter of Nelson R.N.C. v. Maria G.V.P.
147 A.D.3d 824
N.Y. App. Div.2017Background
- In November 2014, Nelson R.N.C. (petitioner) filed a Family Court petition to be appointed guardian of Jenifer B.N.V. (the child) under Family Court Act article 6. The stated purpose was to obtain court findings to support the child’s application for Special Immigrant Juvenile Status (SIJS).
- The petition sought declarations that the child is dependent on the Family Court, unmarried, under 21, that reunification with one or both parents is not viable due to parental abandonment and neglect, and that return to Ecuador would be contrary to the child’s best interests.
- The child separately moved for an order making the specific SIJS-related findings required by federal law so she could apply to USCIS for SIJS.
- On March 25, 2016, the Family Court granted the guardianship petition but denied the child’s motion for the specific SIJS findings.
- Appeals followed; the Appellate Division dismissed the appeals by Nelson and by the guardian as they were not aggrieved by the Family Court’s orders and affirmed the denial of the child’s motion on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Family Court erred by denying an order making SIJS-specific findings (non-viability of reunification due to parental abandonment/neglect) | Child: Evidence established parental abandonment/neglect and thus reunification is not viable, warranting the required SIJS findings | Family Court/Respondents: Record does not support a finding that reunification is not viable due to abandonment or neglect | Held: Court affirmed — record did not support non-viability finding due to parental abandonment or neglect; SIJS findings denied |
| Whether appellants are aggrieved parties entitled to appeal the orders | Petitioner/guardian appealed the denial of SIJS findings and the guardianship order | Respondents argued appellants were not aggrieved by the guardianship grant and petitioner not aggrieved by denial | Held: Appeals as to the guardianship order dismissed for lack of aggrievement; appeal by Nelson from SIJS-denial dismissed for lack of aggrievement; denial of child’s SIJS motion affirmed |
Key Cases Cited
- Matter of Maria P.E.A. v. Sergio A.G.G., 111 A.D.3d 619 (App. Div.) (discusses SIJS requirements for parental non-viability and best-interest findings)
- Matter of Trudy-Ann W. v. Joan W., 73 A.D.3d 793 (App. Div.) (addresses SIJS standards and juvenile-court dependency requirement)
- Matter of Del Cid Martinez v. Martinez, 144 A.D.3d 905 (App. Div.) (examines sufficiency of evidence for parental abandonment/neglect in SIJS context)
- Matter of Jasbir S. v. Dayal S.-Gurdev S., 138 A.D.3d 750 (App. Div.) (analyzes parental non-viability findings for SIJS petitions)
- Matter of Malkeet S., 137 A.D.3d 799 (App. Div.) (addresses standards for denying SIJS-related reunification findings)
- Matter of Leslie J.D. v. Maria A.A.G.-Sylvia D., 136 A.D.3d 902 (App. Div.) (covers SIJS eligibility factors, including parental reunification and best-interest determinations)