Matter of Francisca M. V. R. v Jose G. H. G. (2017 NY Slip Op 07258) Matter of Francisca M. V. R. v Jose G. H. G. 2017 NY Slip Op 07258 Decided on October 18, 2017 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 October 18, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department RANDALL T. ENG, P.J. SHERI S. ROMAN ROBERT J. MILLER LINDA CHRISTOPHER, JJ. 2017-00623 (Docket No. G-5967-16) [*1]In the Matter of Francisca M.. R. (Anonymous), appellant, vJose G. H. G. (Anonymous), respondent. Amoachi & Johnson, PLLC, Bay Shore, NY (Ala Amoachi of counsel), for appellant. DECISION & ORDER Appeal by the mother from an order of the Family Court, Nassau County (Felice J. Muraca, J.), dated December 1, 2016. The order, without a hearing, dismissed the mother's guardianship petition. ORDERED that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, a separate order of that court, also dated December 1, 2016, which, without a hearing, denied the mother'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 vacated, and the matter is remitted to the Family Court, Nassau County, for a hearing and a new determination thereafter of the petition and the mother's motion. In June 2016, the mother commenced this proceeding pursuant to Family Court Act article 6 to be appointed guardian of the subject child for the purpose of obtaining an order declaring that the child is dependent on the Family Court and making specific findings 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 mother moved for the issuance of an order making the requisite declaration and specific findings so as to enable the child to petition for SIJS. The Family Court, in two orders, both dated December 1, 2016, denied the motion without a hearing and dismissed the guardianship petition "for failure to produce required documentation" and "for failure to prosecute." The mother appeals from the order dismissing the guardianship petition. Contrary to the Family Court's determination, there is no express requirement to submit documentation pertaining to the Office of Children and Family Services in a proceeding such as this pursuant to Family Court Act § 661(a) for "[g]uardianship of the person of a minor or infant" (cf. Family Ct Act § 661[b]; SCPA 1704[8]). Consequently, it was improper for the court to dismiss the petition based on the mother's "failure to produce required documentation." Further, under the circumstances of this case, it was improper for the court to dismiss the ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals