If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports. STATE OF MICHIGAN COURT OF APPEALS In re VELASQUEZ, Minor. MARIO VELASQUEZ-TOMAS, Guardian of LMV FOR PUBLICATION November 10, 2022 Appellant. 9:15 a.m. No. 360057 Ionia Probate Court LC No. 2021-000494-GM Before: RICK, P.J., and BOONSTRA and O’BRIEN, JJ. RICK, P.J. Appellant, Mario Velasquez-Tomas, guardian of LMV, a minor, appeals as of right the probate court’s order denying his motion for special findings of fact to apply for Special Immigrant Juvenile (SIJ) status for LMV under 8 USC 1101(a)(27)(J) with the United States Citizenship and Immigration Services (USCIS). On appeal, appellant argues that the probate court erred when it (1) concluded that the notice of service of the motion to LMV’s mother was insufficient, (2) refused to find that LMV was neglected or abused by his mother, (3) failed to determine whether or not it was in LMV’s best interests to return to his mother in Guatemala, his country of origin, or remain in the United States. This case presents issues of first impression regarding SIJ status proceedings. MCR 7.215(B)(2). We vacate the probate court’s order and enter the accompanying order with special findings of fact to establish SIJ status for LMV. See MCR 7.216(A)(7). I. BACKGROUND Appellant, LMV’s uncle, initiated an action for full guardianship of LMV in December 2021, and further motioned the probate court to make the predicate factual findings necessary for LMV to apply for SIJ status, including that (1) LMV is dependent on the court, (2) his reunification with his parents was not viable because of abuse, neglect, abandonment, or a similar basis under state law, and (3) it is not in LMV’s best interests to return to Guatemala. The record indicates that a copy of the petition and motion were sent by first-class mail to LMV’s mother in December 2021. -1- The probate court held a bifurcated hearing on the guardianship petition and Motion for Special Findings in January 2022. At the hearing, the court first heard from appellant regarding the guardianship petition. LMV had been living with appellant since January 2021.1 Appellant explained that he was able to provide financially for LMV while LMV attended school, and that he would talk to LMV when he needed to be disciplined. The probate court also heard testimony that, although LMV maintained contact with his mother, she was not providing any financial support for LMV. LMV and appellant both testified that LMV’s mother did not oppose the guardianship petition. LMV’s appointed guardian ad litem (GAL) expressed that LMV was in need of a guardian and observed that it was in LMV’s best interest to have appellant appointed as his guardian. The probate court confirmed that LMV’s father was deceased, and it granted the petition to appoint appellant as guardian of LMV. Next, the court heard testimony in support of the motion for special findings to establish SIJ status. LMV explained that he left Guatemala …
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