Opinion
11-16-2016
In the Matter of Glenda Yaneth Del Cid MARTINEZ, appellant, v. Jesus MARTINEZ, respondent.
Bruno J. Bembi, Hempstead, N.Y., for appellant. Lisa Siano, Merrick, N.Y., attorney for the child.
Bruno J. Bembi, Hempstead, N.Y., for appellant.
Lisa Siano, Merrick, N.Y., attorney for the child.
MARK C. DILLON, J.P., THOMAS A. DICKERSON, SYLVIA O. HINDS–RADIX, and JOSEPH J. MALTESE, JJ.
Appeal by the mother from an order of the Family Court, Nassau County (Edmund M. Dane, J.), dated March 14, 2016. The order, after a hearing, denied the mother's motion for the issuance of an order, inter alia, making specific findings so as to enable the subject child to petition the United States Citizenship and Immigration Services for special immigrant juvenile status pursuant to 8 U.S.C. § 1101(a)(27)(J).
ORDERED that the order is affirmed, without costs or disbursements.
In September 2013, the mother filed a petition pursuant to Family Court Act article 6 seeking sole custody of the subject child for the purpose of obtaining an order, inter alia, making specific findings that the child is unmarried and under 21 years of age, that reunification with his father is not viable due to parental neglect or abandonment, and that it would not be in his best interests to be returned to Honduras, his country of nationality, so as to enable him to petition the United States Citizenship and Immigration Services for special immigrant juvenile status (hereinafter SIJS) pursuant to 8 U.S.C. § 1101(a)(27)(J). The mother moved for the issuance of an order making the requisite declaration and specific findings to enable the child to petition for SIJS. In an order dated March 14, 2016, made after a hearing, the Family Court denied the motion.
Pursuant to 8 U.S.C. § 1101(a)(27)(J) (as amended by the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Pub L 110–457, 122 U.S. Stat 5044) and 8 C.F.R. § 204.11, a special immigrant is a resident alien who, inter alia, is under 21 years of age, unmarried, and dependent upon a juvenile court or legally committed to an individual appointed by a state or juvenile court. Additionally, for a juvenile to qualify for SIJS, a court must find that reunification of the juvenile with one or both of the juvenile's parents is not viable due to parental abuse, neglect, abandonment, or a similar basis found under state law (see 8 U.S.C. § 1101 [a][27][J][i]; Matter of Maria P.E.A. v. Sergio A.G.G., 111 A.D.3d 619, 620, 975 N.Y.S.2d 85 ; Matter of Trudy–Ann W. v. Joan W., 73 A.D.3d 793, 795, 901 N.Y.S.2d 296 ), and that it would not be in the juvenile's best interests to be returned to his or her native country or country of last habitual residence (see 8 U.S.C. § 1101 [a][27][J][ii]; 8 C.F.R. § 204.11 [c][6]; Matter of Maria P.E.A. v. Sergio A.G.G., 111 A.D.3d at 620, 975 N.Y.S.2d 85 ; Matter of Trudy–Ann W. v. Joan W., 73 A.D.3d at 795, 901 N.Y.S.2d 296 ).
Contrary to the mother's contention, the record does not support a determination that the child's reunification with his father is not viable due to parental neglect or abandonment (see Matter of Leslie J.D. [Maria A.A.G.-Sylvia D.], 140 A.D.3d 1162, 35 N.Y.S.3d 205 ; Matter of Miguel A.G.G. [Milton N.G.G.], 127 A.D.3d 858, 859, 6 N.Y.S.3d 608 ; Matter of Marvin
E.M. de P. [Milagro C.C.-Mario Enrique M.G.], 121 A.D.3d 892, 994 N.Y.S.2d 377 ).
The mother's remaining contentions are without merit.
Accordingly, the Family Court properly denied the mother's motion for the issuance of an order, inter alia, making specific findings so as to enable the child to petition for SIJS.