Matter of Varinder S. v. Satwinder S.
147 A.D.3d 854
| N.Y. App. Div. | 2017Background
- Petitioner Varinder S. filed an Article 6 guardianship petition in March 2015 seeking orders to enable the child, Lovepreet S., to apply for Special Immigrant Juvenile Status (SIJS).
- The child (Lovepreet), through a motion, asked the Family Court to make the statutory findings required for SIJS: that he is unmarried and under 21, dependent on the court, reunification with one or both parents is not viable due to parental abandonment, and return to his native India would be contrary to his best interests.
- Family Court (Orange County) held a hearing and denied the child’s motion, finding he failed to prove parental abandonment and that return to India would be contrary to his best interests.
- The child (nonparty-appellant) appealed the Family Court’s denial to the Appellate Division, Second Department.
- On appellate independent factual review, the Second Department concluded the record supports findings of parental abandonment and that return to India would be contrary to the child’s best interests.
- The appellate court reversed the Family Court, granted the child’s motion, and made the requisite SIJS findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reunification with one or both parents is not viable due to parental abandonment | Child argued evidence showed parental abandonment making reunification nonviable | Family Court/respondents argued child did not meet burden to prove abandonment | Reversed: court found reunification not viable due to parental abandonment |
| Whether return to India would be contrary to the child's best interests | Child argued record demonstrates return to India would be against his best interests | Respondents argued child failed to prove return would be contrary to his best interests | Reversed: court found return to India would not be in child’s best interests |
| Whether Family Court should have issued the SIJS-related specific findings | Child sought specific factual findings to enable USCIS SIJS petition | Family Court denied relief after finding insufficient proof | Granted on appeal: appellate court made the SIJS findings and authorized issuance of order |
| Whether appellate court may make independent factual findings | Child sought appellate determination because Family Court record sufficed | Respondents opposed appellate factual finding as inappropriate | Court exercised independent factual review and made findings based on the record |
Key Cases Cited
- Matter of Maria P.E.A. v. Sergio A.G.G., 111 A.D.3d 619 (2d Dep't 2013) (discussing SIJS reunification and best-interests requirements)
- Matter of Trudy-Ann W. v. Joan W., 73 A.D.3d 793 (2d Dep't 2010) (applying SIJS statutory standards under state law)
- Matter of Anibal H. v. Maria G.G.H., 138 A.D.3d 841 (2d Dep't 2016) (affirming parental abandonment as basis for nonviability of reunification)
- Matter of Miguel C.-N. v. Hosman C.N., 119 A.D.3d 562 (2d Dep't 2014) (considerations for best-interests finding regarding return to country of origin)
- Matter of Carlos A.M. v. Maria T.M., 141 A.D.3d 526 (2d Dep't 2016) (appellate court may make independent factual findings when record is sufficient)