Nirmal S. v. Rajinder K.

• Decision Date: 26 December 2012
• Citation: 101 A.D.3d 1130,956 N.Y.S.2d 545,2012 N.Y. Slip Op. 09071
• Parties: In the Matter of NIRMAL S. (Anonymous), appellant, v. RAJINDER K. (Anonymous), et al., respondents.
• Court: New York Supreme Court — Appellate Division

101 A.D.3d 1130

956 N.Y.S.2d 545

2012 N.Y. Slip Op. 09071

In the Matter of NIRMAL S. (Anonymous), appellant,

v.RAJINDER K. (Anonymous), et al., respondents.

Supreme Court, Appellate Division, Second Department, New York.

Dec. 26, 2012.

Laura Perez, Jackson Heights, N.Y., for appellant.

REINALDO E. RIVERA, J.P., MARK C. DILLON, SHERI S. ROMAN, and JEFFREY A. COHEN, JJ.

In a guardianship proceeding pursuant to Family Court Act article 6, Nirmal S., the guardian of the subject child, Ranjeet S., appeals from stated portions of an order of the Family Court, Queens County (Pach, J.H.O.), dated November 22, 2011, which, inter alia, after a hearing, denied that branch of his motion which was for a specific finding that reunification of the subject child with one or both of his parents was not viable.

ORDERED that the order is affirmed insofar as appealed from, without costs of disbursements.

Nirmal S., the guardian of the subject child, Ranjeet S., moved for the issuance of an order making specific findings that would allow Ranjeet to apply to the United States Citizenship and Immigration Services for special immigrant juvenile status, a gateway to lawful permanent residency in the United States ( see Matter of Sing W.C. [ Sing Y.C. Wai M.C.], 83 A.D.3d 84, 86, 920 N.Y.S.2d 135). Pursuant to 8 USC § 1101(a)(27)(J) (as amended by the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Pub.L. No. 110–457, 122 U.S. Stat. 5044) and 8 CFR 204.11, a “special immigrant” is a resident alien who is, inter alia, under 21 years of age, unmarried, and dependent upon a juvenile court or legally committed to an individual appointed by a State or juvenile court. Additionally, for a juvenile to qualify for special immigrant juvenile status, a court must find that reunification of the juvenile with one or both of the juvenile's parents is not viable due to parental abuse, neglect, or abandonment, or a similar basis found under State law ( see8 USC § 1101[a][27][J][i] ), and that it would not be in the juvenile's best interest to be returned to his or her native country or country of last habitual residence ( see8 USC § 1101[a] [27][J][ii]; Matter of Trudy–Ann W. v. Joan W., 73 A.D.3d 793, 795, 901 N.Y.S.2d 296).

Here, following a hearing, the Family Court issued an order finding that Ranjeet was under 21 years of age, unmarried, and dependent on the Family Court. The court further found that it would not be in Ranjeet's best...