Matter of Mardin A. M.-I. (Reyna E. M.-I.--Mardin H.) (2020 NY Slip Op 05754) Matter of Mardin A. M.-I. (Reyna E. M.-I.--Mardin H.) 2020 NY Slip Op 05754 Decided on October 14, 2020 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 14, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department WILLIAM F. MASTRO, J.P. ROBERT J. MILLER JOSEPH J. MALTESE PAUL WOOTEN, JJ. 2019-03241 2019-03248 (Docket Nos. G-5839-18, Z-5840-18) [*1]In the Matter of Mardin A. M.-I. (Anonymous). Reyna E. M.-I. (Anonymous), appellant; Mardin H., respondent. Jessica Lazo, New York, NY, for appellant. DECISION & ORDER In a guardianship proceeding pursuant to Family Court Act article 6, the mother appeals from (1) an order of the Family Court, Dutchess County (Tracy C. MacKenzie, J.), dated February 25, 2019, and (2) an order of the same court also dated February 25, 2019. The first order, without a hearing, dismissed the petition to appoint the mother as guardian of the child Mardin A. M.-I. The second order, without a hearing, in effect, 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). ORDERED that the orders are reversed, on the law and the facts, without costs or disbursements, the petition to appoint the mother as the guardian of the subject child is reinstated and granted, the mother is appointed as the guardian of the subject child, 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 granted, it is declared that the subject child is dependent on a juvenile court, and it is found that the subject child is unmarried and under 21 years of age, that reunification with his father is not viable due to parental abandonment, and that it would not be in the subject child's best interests to be returned to Guatemala, his previous country of nationality and last habitual residence. In December 2018, Mardin A. M.-I. (hereinafter the subject child) filed a petition pursuant to Family Court Act article 6 to have his mother appointed as his guardian for the purpose of obtaining 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 (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 subject child to petition for SIJS. In two orders, both dated February 25, ...
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