Amoachi & Johnson, Attorneys at Law, PLLCBusiness Service in Bay Shore, New York
Bay Shore, New York 11706
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Congratulations to Ala Amoachi and Bruno Bembi for win on an appeal of an unjust denial by Nassau County Family Court Judge Daly-Sapraicone.
"Thereafter, the child submitted an I-360 petition for SIJS to USCIS. Although the I-360 petition was initially approved, USCIS thereafter advised the child of its intention to “revoke the approval” based upon certain deficiencies in the special findings order. The child then moved to amend the special findings order to address the defic...iencies, and the father joined in the motion. In an order dated February 26, 2018, the Family Court denied the motion to amend the special findings order. The father appeals from the order dated February 26, 2018.
Under the circumstances presented, we deem it appropriate to amend the special findings order to clarify that the basis for the Family Court’s exercise of jurisdiction over this custody proceeding is under New York State law pursuant to Family Court Act § 651(a). We also deem it appropriate to amend the special findings order to specify that it would not be in the best interests of the child to be returned to El Salvador because the mother is unable to protect the child from harm by gang members in El Salvador, who have made threats of violence against him (see Matter of Juan R.E.M. [Juan R.E.], 154 AD3d at 727). Since the special findings order set forth the basis for its finding that reunification of the child with the mother was not viable on the ground of parental neglect, stating that the mother “failed to financially provide for the child’s basic[] needs and educationally neglected him for 4 years,” we do not deem it necessary to amend that finding, except to clarify that the basis for that finding was under New York State law (see Family Ct Act §1012[f][i][A])."
http://www.courts.state.ny.us/…/H…/2018/Decisions/D57163.pdf
A great story about our client.
Totally honored and proud to have edited and published Pilar Marrero's Latino Rebels debut. Happy to call Pilar a friend and one amazing journalist. This interview shook me as an editor. I needed a moment to recover before I clicked "publish."
