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International Law & Litigation

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April 20, 2017
James D. Garbolino

Margain v. Ruiz-Bours, 592 F. App’x 619 (9th Cir. 2015) (unpublished opinion)

Acclimatization and Settlement | Equitable Tolling

This case deals with the 1980 Hague Convention’s Article 12 defense: if the child has become settled in his or her new environment and the petition for return of the child is filed more than one year from the date of the wrongful removal or retention, the court may deny the return of the child.

Facts

April 20, 2017
James D. Garbolino

In re A.L.C., 607 Fed. App’x 658 (9th Cir. 2015) (unpublished opinion)

Habitual Residence | Re-Return Orders Following Reversal of Lower Court Order on Appeal

April 19, 2017
James D. Garbolino

Hernandez v. Cardoso, 844 F.3d 692 (7th Cir. 2016)

Grave Risk Defense | Intimate Partner Violence in Child’s Presence

In this case, the Seventh Circuit applied a clear error standard when reviewing factual determinations made by a district court and addressed whether there was sufficient evidence domestic violence to sustain the defense of grave risk.

Facts

Downloadable file:
April 19, 2017
James D. Garbolino

Didon v. Castillo, 838 F.3d 313 (3d Cir. 2016)

Habitual Residence | Concurrent Habitual Residences | Stays

This case addresses (1) whether a child may have two concurrent habitual residences, (2) what factors are involved in determining habitual residence when children spend substantial time in two adjacent countries, and (3) whether lower courts should stay orders of return pending appeal.

Facts

Downloadable file:
April 19, 2017
James D. Garbolino

Delgado v. Osuna, 837 F.3d 571 (5th Cir. 2016)

Habitual Residence | Parental Intent

This case involves the question whether a change in a child’s habitual residence may take place when parents share an intent to abandon a previous residence but have not agreed upon the particular place to establish their new home.

Facts

Downloadable file:
April 18, 2017
James D. Garbolino

Custodio v. Samillan, 842 F.3d 1084 (8th Cir. 2016)

Child’s Objection to Return | Mootness

The 1980 Convention ceases to apply to a child who reaches the age of sixteen during Convention proceedings, even if the petition for return was filed before the child turned sixteen. A mature child’s objection to return may be based on issues also relevant to a custody proceeding.

Facts

Downloadable file:
April 18, 2017
James D. Garbolino

Cunningham v. Cunningham, No. 3:16-cv-1349-J-34JBT, 2017 U.S. Dist. LEXIS 22682 (M.D. Fla. Feb. 17, 2017)

Habitual Residence of Infants | Wrongful Retention | Delay and Settlement of Child

Facts

Downloadable file:
April 18, 2017
James D. Garbolino

Berezowsky v. Ojeda (Berezowsky II), 652 F. App’x 249 (5th Cir. 2016) (unpublished opinion)

Re-Return Orders Following Reversal of Lower Court Order on Appeal

Downloadable file:
April 18, 2017
James D. Garbolino

Alcala v. Hernandez, 826 F.3d 161 (4th Cir. 2016)

Settlement | Immigration Status | Return Despite Existing Defense

December 30, 2016
David Nersessian

The purpose of this guide is to help federal judges adjudicate civil cases alleging human rights violations under domestic and international law. This guide addresses cases with an international dimension brought in federal court pursuant to specific U.S. statutes that provide jurisdiction over such claims. These cases include rights-based legal disputes involving foreign plaintiffs or defendants, cases involving violations occurring abroad, and cases relying on international human rights law.

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