IN RE: KARNAIL S. (Anonymous) (2018)

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 6, the child appeals from an order of the Family Court, Queens County (Lauren Norton Lerner, Ct. Atty. Ref.), dated August 21, 2017.  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 Citizen and Immigration Services for special immigrant juvenile status pursuant to 8 USC § 1101(a)(27)(J).

ORDERED that the order is affirmed, without costs or disbursements.

In November 2015, the petitioner commenced this proceeding pursuant to Family Court Act article 6 to be appointed guardian of the subject child, Harmanpreet S. (hereinafter the child).  Thereafter, the child moved for the issuance of an order declaring that he 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 abandonment, and that it would not be in his best interests to be returned to India, his previous country of nationality and last habitual residence, so as to enable him to petition the United States Citizen and Immigration Services for special immigrant juvenile status (hereinafter SIJS) pursuant to 8 USC § 1101(a)(27)(J).  In an order dated April 13, 2017, the Family Court, after a hearing, granted the guardianship petition, and in a separate order dated August 21, 2017, the court denied the child's motion for the issuance of an order, inter alia, making specific findings so as to enable the child to petition for SIJS. The child appeals from the order dated August 21, 2017.

“Pursuant to 8 USC § 1101(a)(27)(J) (as amended by the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Pub L 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” (Matter of Trudy–Ann W. v. Joan W., 73 A.D.3d 793, 795, 901 N.Y.S.2d 296).  The appointment of a guardian constitutes the necessary declaration of dependency on a juvenile court for SIJS purposes (see Matter of Malkeet S., 137 A.D.3d 799, 799, 26 N.Y.S.3d 330;  Matter of Leslie J.D. [Maria A.A.G.—Sylvia D.], 136 A.D.3d 902, 903, 26 N.Y.S.3d 129).  “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, abandonment, or similar parental conduct defined under State law, 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” (Matter of Marvin E.M. de P. [Milagro C.C.—Mario Enrique M.G.], 121 A.D.3d 892, 893, 994 N.Y.S.2d 377;  see Matter of Maria P.E.A. v. Sergio A.G.G., 111 A.D.3d 619, 620, 975 N.Y.S.2d 85;  see also 8 USC § 1101[a][27][J];  8 CFR 204.11[c][6] ).

Upon our independent factual review, the record does not support a determination that reunification with one or both of the child's parents is not viable due to parental abuse, neglect, abandonment, or a similar basis found under state law, or that it would not be in the child's best interests to be returned to India (see Matter of Malkeet S., 137 A.D.3d at 800, 26 N.Y.S.3d 330;  Matter of Leslie J.D. [Maria A.A.G.—Sylvia D.], 136 A.D.3d at 904, 26 N.Y.S.3d 129;  Matter of Marvin E.M. de P. [Milagro C.C.—Mario Enrique M.G.], 121 A.D.3d at 893, 994 N.Y.S.2d 377).

The child's remaining contention is without merit.

CHAMBERS, J.P., AUSTIN, COHEN and DUFFY, JJ., concur.