Matter of Gurwinder S. (2017 NY Slip Op 08272) Matter of Gurwinder S. 2017 NY Slip Op 08272 Decided on November 22, 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 November 22, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department CHERYL E. CHAMBERS, J.P. JEFFREY A. COHEN BETSY BARROS LINDA CHRISTOPHER, JJ. 2016-11398 (Docket No. G-24601-15) [*1]In the Matter of Gurwinder S. (Anonymous), appellant. Jill M. Zuccardy, New York, NY, for appellant. DECISION & ORDER Appeal by the child from an order of the Family Court, Queens County (Julie Stanton, Ct. Atty. Ref.), dated September 29, 2016. The order, after a hearing, denied the child's motion for the issuance of an order, inter alia, making specific findings so as to enable him 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 child's motion for the issuance of an order, inter alia, making specific findings so as to enable him 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 child with his father is not viable due to parental neglect, and that it would not be in the child's best interests to return to India, his previous country of nationality and last habitual residence. In December 2015, Baldev S. (hereinafter the petitioner) filed a petition pursuant to Family Court Act article 6 to be appointed as guardian for the subject child for the purpose of obtaining an order declaring that the child is dependent on the Family Court and making specific findings that he is unmarried and under 21 years of age, that reunification with one or both of his parents is not viable due to parental abuse, neglect, or abandonment, and that it would not be in his best interests to be returned to India, his previous country of nationality and country of 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 child moved for the issuance of an order making the requisite declaration and specific findings so as to enable him to petition for SIJS. In an order dated September 29, 2016, the Family Court denied the child's motion on the ground that he failed to establish that reunification of the child with one or both of his parents was not viable due to parental abuse, neglect, or abandonment, and that it would not be in the child's best interests to return to India. The child appeals. Pursuant to 8 USC § 1101(a)(27)(J) (as amended by ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals