Matter of Rina M. G.C. (Oscar L.G.--Ana M. C.H.) (2019 NY Slip Op 01407) Matter of Rina M. G.C. (Oscar L.G.--Ana M. C.H.) 2019 NY Slip Op 01407 Decided on February 27, 2019 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 February 27, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department MARK C. DILLON, J.P. JEFFREY A. COHEN COLLEEN D. DUFFY LINDA CHRISTOPHER, JJ. 2018-09185 (Docket No. G-11879-14) [*1]In the Matter of Rina M. G.C. (Anonymous). Oscar L.G. (Anonymous), appellant; Ana M. C.H. (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 (Christopher Pizzolo, Ct. Atty. Ref.), dated June 29, 2018. The order, insofar as appealed from, denied 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). ORDERED that the order is reversed insofar as appealed from, on the law and the facts, without costs or disbursements, 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) is granted, and it is found that reunification of the child with her mother is not viable due to parental abandonment, and that it would not be in the child's best interests to return to El Salvador, her previous country of nationality and last habitual residence. In November 2014, the father filed a petition pursuant to Family Court Act article 6 to be appointed as guardian of Rina M. G. C. (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 she is unmarried and under 21 years of age, that reunification of the child with the mother is not viable due to parental abandonment, and that it would not be in the best interests of the child to be returned to El Salvador, her 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 March 13, 2015, the Family Court granted the guardianship petition. However, in an order dated March 15, 2016, the court denied the father's motion for the ...
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