NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1623-21 C.S. O/B/O M.A.L.H., Plaintiff-Appellant, v. M.Y.H. and M.I.L.A., Defendants-Respondents. __________________________ Submitted September 13, 2022 – Decided October 13, 2022 Before Judges Gilson and Gummer. On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Passaic County, Docket No. FD-16-0454-21. Cesar Martin Estela, attorney for appellant. Respondents have not filed a brief. PER CURIAM Plaintiff C.S. (Caroline or plaintiff), who is the aunt of M.A.L.H. (Miguel), filed an application seeking custody of Miguel and requesting the family court to make findings concerning Miguel's Special Immigration Juvenile (SIJ) status as called for under federal immigration law. See 8 U.S.C. § 1101(a)(27)(J) and 8 C.F.R. § 204.11(c). 1 Caroline appeals from a December 22, 2021 order that denied her application. Because the family court failed to make the required finding concerning Miguel's SIJ status, we vacate the order and remand for further proceedings. I. In October 2020, Caroline filed a complaint for custody of Miguel and an application for SIJ status findings. The SIJ status application was supported by certifications from Caroline and Miguel. Caroline and Miguel also testified a t hearings held on March 24, 2021, and May 6, 2021. The named defendants, who are the biological parents of Miguel, filed no papers, did not appear, and have not taken part in any of these proceedings. We summarize the relevant facts from the certifications and testimony provided by Caroline and Miguel. In doing so, we take no position on the credibility of the testimony but rely on that testimony because the family court made no credibility findings and pointed to no evidence that contradicted the testimony. 1 We use initials and fictitious names because of the confidential nature of applications for SIJ status and child custody records. See R. 1:38-3(d)(18) and (13). A-1623-21 2 Miguel was born in Honduras in January 2001. His biological father is M.I.L.A. (Manny) and his biological mother is M.Y.H. (Maria). Both Manny and Maria live in Honduras. Miguel testified that his father abandoned him when he was approximately two or three years old, thereafter he had no contact with his father, his father never provided any financial support for him, and he cannot live with his father. Concerning his mother, Miguel explained that when he was young, his mother worked hard to support him, but while he was still a child, his mother remarried and left him in the care of his maternal grandmother. Although Miguel's mother lived right next door to the grandmother, Miguel rarely saw his mother, he often was not fed, and if he returned to Honduras, he could not live with his mother because he had no relationship with …
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