Matter of Oscar J.L.J. (Segundo R.L.T.)
151 A.D.3d 969
| N.Y. App. Div. | 2017Background
- Father petitioned under Family Court Act article 6 to be appointed guardian of his son, Oscar, to pursue Special Immigrant Juvenile Status (SIJS).
- Father sought specific Family Court findings required by 8 U.S.C. § 1101(a)(27)(J): that Oscar is unmarried, under 21, dependent on the court, that reunification with one or both parents is not viable due to neglect/abuse/abandonment, and that return to Ecuador would be contrary to his best interests.
- The Family Court granted the guardianship petition and found Oscar to be under 21, unmarried, dependent on the court, and that returning him to Ecuador would not be in his best interests.
- The Family Court refused, however, to make the specific finding that reunification with Oscar’s mother was not viable due to parental neglect, abandonment, or abuse.
- Father appealed only the denial of the nonreunification finding; the Appellate Division affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Family Court should make the SIJS-required finding that reunification with the mother is not viable due to parental neglect/abandonment/abuse | Father argued the court should find reunification with the mother not viable to permit SIJS petition | Mother (respondent) implicitly disputed that the record supported a nonreunification finding | Court held the record did not support a finding that reunification with the mother was not viable due to neglect, abandonment, or abuse, and therefore denied that branch of the motion |
Key Cases Cited
- Matter of Maria P.E.A. v Sergio A.G.G., 111 A.3d 619 (discusses SIJS statutory findings required for nonreunification and best interests)
- Matter of Trudy-Ann W. v Joan W., 73 A.3d 793 (addresses dependency and nonreunification findings under SIJS framework)
- Matter of Blanca C.S.C. v Norma C., 141 A.3d 580 (holds record must support nonreunification finding for SIJS)
- Matter of Malkeet S., 137 A.3d 799 (requires adequate evidentiary support for parental unavailability/nonreunification findings)
- Matter of Jeison P.-C. v Conception P., 132 A.3d 876 (examines sufficiency of record to establish parental neglect/abandonment/abuse for SIJS)
- Matter of Joseph A. v Fausat O., 91 A.3d 638 (addresses standards for nonreunification findings in juvenile immigration determinations)