Legal Opinion · Dissent

Matter of Dennis X.G.D.V.

Appellate Division of the Supreme Court of the State of New York

Decided August 9, 2017No. 2016-10296Published

1Dissent

Balkin, J.R,

dissents, and votes to affirm the order insofar as appealed from, with the following memorandum: Under 8 USC § 1101 (a) (27) (J), as amended, 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 (see Matter of Trudy-Ann W. v Joan W., 73 AD3d 793, 795 [2010]). For juveniles to qualify for special immigrant juvenile status, courts must find that their reunification with one or both parents is not viable due to, among other…

2Cases cited6 opinions

  1. Trudy-Ann W. v. Joan W.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Matter of Porter v. MooreAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Marvin E. M. de P. (Milagro C. C.--Mario Enrique M. G.)Appellate Division of the Supreme Court of the State of New York · 2014
  4. Matter of Brandon V.Appellate Division of the Supreme Court of the State of New York · 2015
  5. Matter of Andrew R. (Andrew R.--Maurice R.)Appellate Division of the Supreme Court of the State of New York · 2017

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