In re Oscar J.L.J.
| Citation | 151 A.D.3d 969,54 N.Y.S.3d 308 (Mem) |
| Parties | In the Matter of OSCAR J.L.J. (Anonymous). Segundo R.L.T. (Anonymous), appellant. |
| Decision Date | 21 June 2017 |
| Court | New York Supreme Court Appellate Division |
151 A.D.3d 969
54 N.Y.S.3d 308 (Mem)
In the Matter of OSCAR J.L.J. (Anonymous).
Segundo R.L.T. (Anonymous), appellant.
Supreme Court, Appellate Division, Second Department, New York.
June 21, 2017.
Youman, Madeo & Fasano, LLP, New York, NY (Zan Khan of counsel), for appellant.
Lesley J. Lanoix, Jamaica, NY, attorney for the child.
Appeal by the father from an order of the Family Court, Queens County (Nicolette M. Pach, J.H.O.), dated November 24, 2015. The order, insofar as appealed from, after a hearing, in effect, denied that branch of the father's motion for the issuance of an order, inter alia, making specific findings so as to enable the subject child, Oscar J.L.J., to petition the United States Citizenship and Immigration Services for special immigrant juvenile status pursuant to 8 U.S.C. § 1101(a)(27)(J), which was for a finding that reunification of the child with one of his parents is not viable due to parental neglect, abandonment, or abuse.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
In 2014, the father of Oscar J.L.J. (hereinafter the child) filed a petition pursuant to Family Court Act article 6 to be appointed 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 he is unmarried and under 21 years of age, that reunification with one or both of his parents is not viable due to parental neglect, abandonment, or abuse, and that it would not be in his best interests to be returned to Ecuador, 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 U.S.C. § 1101(a)(27)(J). Thereafter, the father 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 November 24, 2015, the Family Court granted the guardianship petition. In a separate order, also dated November 24, 2015, the court found that the child was under 21 years of age,...
To continue reading
Request your trial
-
In re Keanu S.
...N.Y.S.3d 553 ; Matter of Amsi H.D.O. [Maria L.R.—Cesiah O.D.], 152 A.D.3d 524, 58 N.Y.S.3d 493 ; Matter of Oscar J.L.J. [Segundo R.L.T.], 151 A.D.3d 969, 54 N.Y.S.3d 308 ; Matter of Christian P.S.-A. [Humberto R.S.-B.—Laura S.A.-C.], 148 A.D.3d 1032, 49 N.Y.S.3d 546 ; Matter of Hei Ting C.,......
-
In re Nelson A. G.–L.
...415 ; Matter of Enis A.C.M. [Blanca E.M.—Carlos V.C.P.], 152 A.D.3d at 692, 59 N.Y.S.3d 396 ; Matter of Oscar J.L.J. [Segundo R.L.T.], 151 A.D.3d 969, 54 N.Y.S.3d 308 ). The child testified that, while in El Salvador, although he was approached by gang members to join their gang during his ......
-
Maykel A.R.R. v. Lenor C.R.M.
...neglect (see Matter of Ofelia del C.D.F. v. Felicia F.M., 167 A.D.3d 879, 880, 89 N.Y.S.3d 305 ; Matter of Oscar J.L.J. [Segundo R.L.T.], 151 A.D.3d 969, 970, 54 N.Y.S.3d 308 ; 97 N.Y.S.3d 510 Matter of Malkeet S., 137 A.D.3d 799, 800, 26 N.Y.S.3d 330 ; Matter of Jeison P.-C. [Conception P.......
-
Del v. Felicia F.M., 2018–04891
...child's reunification with his father is not viable due to parental abandonment or neglect (see Matter of Oscar J.L.J. [Segundo R.L.T.], 151 A.D.3d 969, 970, 54 N.Y.S.3d 308 ; Matter of Jasbir S. [Dayal S.-Gurdev S.], 138 A.D.3d 750, 751, 29 N.Y.S.3d 446 ; Matter of Leslie J.D. [Maria A.A.G......