Matter of Nuria D. Z. P. (Jose D. Z. M.)

Summary

The Appellate Division, Second Department, reversed a Nassau County Family Court order denying a father's motion for special immigrant juvenile status findings. The court found that reunification of the child with her mother was not viable due to parental abandonment and that returning the child to El Salvador would not be in her best interest. The motion for the required findings was therefore granted.

Holdings

1. The Appellate Division may review the evidence as broadly as the hearing court and make its own factual determinations when the record is sufficiently complete.
2. Reunification of the child with her mother was not viable due to parental abandonment.
3. It would not be in the child's best interest to return to El Salvador, her previous country of nationality and last habitual residence.

Questions Presented

1. Whether the Family Court should have made findings that reunification of the child with her mother was not viable due to parental abandonment and that returning the child to El Salvador would not be in her best interest, thereby enabling the child to seek special immigrant juvenile status.
2. Whether the Appellate Division could independently review the evidence and make its own factual determinations on the motion for SIJS-related specific findings.

Disposition

reversed