Well at least there is some good news for dreamers who have had a pretty difficult life.Congratulations to him & hopefully he can live a better life from now on should the federal government approve of the petition.
Quote:
A man from El Salvador who as a child was given up as "a gift" by his parents should be allowed to seek special immigrant protection status, a New York state judge has ruled, citing a recently amended federal statute.
In a recent ruling, Family Court Judge John Kelly of Suffolk County, N.Y., (See Profile) held that M.C., 20, was eligible to apply for "special immigrant juvenile status" that would allow him to remain in the United States with his uncle.
"Petitioner's reunification with his parents is not viable due to their abandonment of him at one and a half years of age," Judge Kelly held in Matter of M.C., G-11656-09, concluding that sending M.C. back to El Salvador would be against his "best interests."
At a hearing in January, M.C. testified that his aunt raised him in El Salvador after his parents had given him to her as "a gift." After his aunt died when he was 13, M.C. moved in with his grandparents and worked on their farm but did not attend school. In 2006, he came to the United States to live with his uncle.
He testified that he is studying to be a mechanic at a community college and was "happy" to live with his uncle, who supported him both financially and emotionally, Judge Kelly wrote.
M.C. also told the court that he had not seen or spoken to his parents since he was 13 and that his grandparents were too old to care for him, should he return to El Salvador. He also testified that in El Salvador he had been pressured to join a gang and "feared the gang violence that he might be subjected to" if he returned.
Citing a 2008 amendment to the Immigration and Nationality Act, Judge Kelly held that keeping M.C. with his uncle was "[m]ost assuredly" in his best interests.
Under the applicable statute, 8 U.S.C.A. §1101(a)(27)(j)(i), a court can issue special findings that allow an immigrant minor to seek to be declared "dependent" on a juvenile court, agency or guardian.
Previously, a petition for special immigrant status required a finding of "abuse, neglect or abandonment." But under the new statutory language, a court can look to the "best interests" of the juvenile and determine if reunification with the parents is "not viable due to abuse, neglect, abandonment."
While noting that the statute did not define abandonment, Judge Kelly held that M.C.'s parents had "failed to provide any support for him either financially or emotionally, clearly evincing their intent to forego their parental rights and obligations."
The judge also held that M.C. had established that returning to his homeland would be problematic, given his grandparents' age and the threat of violence.
"Moreover, petitioner's uncle has cared for him and continues to do so by providing a home and support, both financially and emotionally," Judge Kelly wrote.
The judge also noted that a separate 2008 amendment to the state Family Court Act had expanded the court's jurisdiction to grant guardianships to minors under 21, provided they consent to the appointment.
In granting M.C.'s petition, Judge Kelly observed that he was in the "unique position to affect immigration proceedings normally within the exclusive domain of the federal courts" by declaring M.C. eligible to seek further immigration protection. But he cautioned that "the ultimate determination as to an immigrant juvenile's status rests squarely within the purview of the federal government."
M.C. had clearly expressed his desire that he wanted to remain with his uncle, said his attorney, Howard Gardos of the Legal Aid Society of Suffolk County. Gardos said he supported the petition as "appropriate, given that there were no problems with the household."
