Matter of Agustin E. v Luis A.E.S. (2019 NY Slip Op 00273) Matter of Agustin E. v Luis A.E.S. 2019 NY Slip Op 00273 Decided on January 16, 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 January 16, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department WILLIAM F. MASTRO, J.P. LEONARD B. AUSTIN SHERI S. ROMAN VALERIE BRATHWAITE NELSON, JJ. 2018-08390 (Docket No. G-9692-17) [*1]In the Matter of Agustin E. (Anonymous), appellant, vLuis A.E.S. (Anonymous), et al., respondents. Alexandra Mayen Rivera, Huntington, 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 (Eileen C. Daly-Sapraicone, J.), dated May 21, 2018. The order, after a hearing, 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 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 facts, without costs or disbursements, 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 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 subject child with her father is not viable due to parental neglect 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. In September 2017, the subject child's uncle, Agustin E. (hereinafter the petitioner), commenced this proceeding pursuant to Family Court Act article 6 to be appointed as guardian of 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 with one or both of her parents is not viable due to parental neglect and abandonment, and that it would not be in her best interests 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 petitioner 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 April 27, 2018, the Family Court granted the petition to appoint the petitioner as guardian for the child. In an order dated May 21, 2018, made after a hearing, the court denied the petitioner's ...
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