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ORDER MAKING THE FINDINGS NECESSARY FOR THE CHILD TO PETITION FOR SPECIAL IMMIGRANT JUVENILE STATUS SHOULD HAVE BEEN GRANTED, CHILD ESCAPED EL SALVADOR BECAUSE OF GANG VIOLENCE AND THREATS (SECOND DEPT).

The Second Department, reversing Family Court, determined the father’s motion for an order making the findings necessary for the child to petition for Special Immigrant Juvenile Status (SIJS) should have been granted:

Based upon our independent factual review, we find that the record establishes that the child met the age and marital status requirements for special immigrant status … , and the dependency requirement has been satisfied by the granting of the father’s guardianship petition prior to the child’s 21st birthday … . Further, we find that reunification of the child with her mother is not a viable option due to parental abandonment … . The record reflects that after the child came to the United States in February 2014, she did not live with the mother because the “mother did not want to support her,” and that the child lived in close proximity to the mother, but the mother only visited the child once, in March 2014, and did not visit or even contact the child from that time through the time the father made the subject motion in April 2018. We also find that the record supports a finding that it would not be in the best interests of the child to return to El Salvador, her previous country of nationality or country of last habitual residence. The record reflects that the child was threatened by gang members in El Salvador while walking home from school, that the gang members “wanted to recruit [the child] and have her sell drugs” and told her that “she had to join them or they would murder her and her family,” that the gang members started texting her to “extort money from her,” that the child was sent to live with a family friend, but the threats continued, and that the child left El Salvador to escape from the gangs … . Matter of Rina M. G.C. (Oscar L.G.–Ana M. C.H.), 2019 NY Slip Op 01407, Second Dept 2-27-19

 

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