Matter of Jose E. S. G. (2021 NY Slip Op 02294) Matter of Jose E. S. G. 2021 NY Slip Op 02294 Decided on April 14, 2021 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 April 14, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department CHERYL E. CHAMBERS, J.P. LEONARD B. AUSTIN VALERIE BRATHWAITE NELSON ANGELA G. IANNACCI, JJ. 2021-02408 (Docket No. G-6152-19) [*1]In the Mattter of Jose E. S. G. (Anonymous). Felix Mejia, appellant; Maria Estela Salguero, et al., respondents. Bruno J. Bembi, Hempstead, NY, for appellant. DECISION & ORDER In a guardianship proceeding pursuant to Family Court Act article 6, the petitioner appeals from an order of the Family Court, Nassau County (Lisa A. Cairo, J.), dated March 23, 2021. The order, after a hearing, dismissed the guardianship petition and denied the petitioner'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 Citizen and Immigration Services for special immigrant juvenile status pursuant to 8 USC § 1101(a)(27)(J). ORDERED that the order is reversed, on the facts, without costs or disbursements, the petition to appoint the petitioner as the guardian of the subject child is reinstated and granted, the petitioner is appointed as the guardian of the subject child, an order of the same court dated March 24, 2021, is vacated, the petitioner'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 Citizen and Immigration Services for special immigrant juvenile status pursuant to 8 USC § 1101(a)(27)(J) is granted, it is declared that the subject child is dependent on a juvenile court, and it is found that the subject child is unmarried and under 21 years of age, that reunification with his father is not viable due to parental abandonment, and that it would not be in the subject child's best interests to return to El Salvador, his previous country of nationality and last habitual residence. In 2019, the petitioner commenced this proceeding pursuant to Family Court Act article 6 to be appointed the guardian of Jose E. S. G. (hereinafter the subject child). Thereafter, the petitioner moved for the issuance of an order declaring that the subject child is dependent on the Family Court and making specific findings that the subject child 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 him to petition the United States Citizenship and Immigration Services for special immigrant juvenile status (hereinafter SIJS) pursuant to …
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