Matter of A.M.G. v Gladis A.G. (2018 NY Slip Op 04321) Matter of A.M.G. v Gladis A.G. 2018 NY Slip Op 04321 Decided on June 13, 2018 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on June 13, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department REINALDO E. RIVERA, J.P. CHERYL E. CHAMBERS LEONARD B. AUSTIN BETSY BARROS, JJ. 2017-12041 (Docket No. G-829-16) [*1]In the Matter of A. M. G. (Anonymous), appellant, vGladis A. G. (Anonymous), respondent. Bruno J. Bembi, Hempstead, NY, for appellant. DECISION & ORDER In a proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Nassau County (Merik R. Aaron, J.), dated September 29, 2017, which, without a hearing, denied his 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 USC § 1101(a)(27)(J). ORDERED that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Nassau County, for a hearing in accordance herewith, and for a new determination thereafter of the father'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 USC § 1101(a)(27)(J). In January 2016, the father filed a petition pursuant to Family Court Act article 6 to be appointed as guardian of Isaias A. M. A. (hereinafter the child), for the purpose of obtaining an order declaring that the child is dependent on the Family Court and making specific findings that he is unmarried and under 21 years of age, that reunification with one or both of his parents is not viable due to parental neglect or abandonment, and that it would not be in his best interests to be returned to El Salvador, his previous country of nationality and last habitual residence, so as to enable the child to petition the United States Citizenship and Immigration Services for special immigrant juvenile status (hereinafter SIJS) pursuant to 8 USC § 1101(a)(27)(J). Thereafter, the father moved for the issuance of an order making the requisite declaration and specific findings so as to enable the child to petition for SIJS. In an order dated June 24, 2016, the Family Court granted the guardianship petition. In the order appealed from, the court, without a hearing, denied the father's motion for the issuance of an order, inter alia, making specific findings so as to enable the child to petition for SIJS. The father appeals. Pursuant to 8 USC § 1101(a)(27)(J) (as amended by the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Pub ...
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