Matter of Pineda v. Diaz
127 A.D.3d 1203
| N.Y. App. Div. | 2015Background
- Petitioner Gloria Pineda filed for custody of her daughter (the subject child), born in El Salvador; child was 16 and living with mother in Nassau County since July 2012.
- The child never lived with her father and had not seen him for 11 years; contacts were sporadic and initiated by the child.
- While the custody petition was pending, the child moved for an order making specific findings necessary to enable her to apply to USCIS for Special Immigrant Juvenile Status (SIJS) under 8 U.S.C. § 1101(a)(27)(J).
- Family Court awarded custody to the mother on April 4, 2014; later, without a hearing, the Family Court denied the child’s SIJS-related motion on September 24, 2014.
- The Appellate Division reviewed whether the statutory SIJS findings were supported and whether a hearing was required on the child’s best-interest-to-return-to-country determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the child meets SIJS age and marital-status requirements | Child: she is under 21 and unmarried | Family Court: not disputed | Held: child meets age and unmarried requirements |
| Whether the child is “placed under the custody of” an individual appointed by a court | Child: she has been legally placed with her mother/court-appointed custodian | Family Court: placement contested implicitly | Held: record supports that the child is placed under custody as required |
| Whether reunification with a parent is not viable due to abandonment/neglect | Child: father abandoned her; affidavit supports abandonment | Family Court: disputed adequacy of proof without hearing | Held: appellate court found record (affidavit) supports finding that reunification with father is not viable due to abandonment |
| Whether a hearing was required on whether it is not in the child’s best interests to be returned to El Salvador | Child: Court must hold a hearing to address best-interest-to-return issue | Family Court: denied motion without hearing | Held: reversal — hearing required on the best-interests-to-return issue and matter remitted for hearing and new determination by specified date |
Key Cases Cited
- Matter of Hei Ting C., 109 A.D.3d 100 (2d Dep’t 2013) (describing SIJS findings and Family Court’s role in child-welfare determinations)
- Matter of Marcelina M.-G. v Israel S., 112 A.D.3d 100 (2d Dep’t 2013) (SIJS standards and Family Court’s authority)
- Matter of Maria P.E.A. v Sergio A.G.G., 111 A.D.3d 619 (2d Dep’t 2013) (placement/custody satisfying SIJS custody requirement)
- Matter of Miguel C.-N., 119 A.D.3d 562 (2d Dep’t 2014) (reunification/abandonment analysis for SIJS)
- Matter of Saul A.F.H. v Ivan L.M., 118 A.D.3d 878 (2d Dep’t 2014) (finding abandonment supports nonviability of reunification)
- Matter of Diaz v Munoz, 118 A.D.3d 989 (2d Dep’t 2014) (procedural necessity of hearing on best-interest return issue)
- Matter of Jessie Skyler D., 88 A.D.3d 703 (2d Dep’t 2011) (abandonment as basis for SIJS finding)
- Matter of Akeelah D.C.-S., 126 A.D.3d 967 (2d Dep’t 2015) (SIJS-related child-welfare considerations)