No. 19-6310

Marilis Yaneth Velasquez Perez v. Jose Candido Diaz Palencia

Lower Court: Eleventh Circuit
Docketed: 2019-10-21
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: abbott-v-abbott appellate-review child-abduction civil-code custody eleventh-circuit guatemalan-civil-code guatemalan-law hague-convention hague-convention-child-abduction international-child-abduction international-custody ne-exeat-rights
Key Terms:
Environmental SocialSecurity Securities Immigration LaborRelations
Latest Conference: 2019-11-15 (distributed 2 times)
Question Presented (AI Summary)

Did the lower courts err in determining that retention of the child was wrongful under the Hague Convention despite Guatemalan law giving custody to the mother?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW : I. Did the lower courts err in determining that retention of the child was wrongful under Articles 3 and 5 of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction despite Articles 252 and 261 of the Guatemalan Civil Code giving Ms. Velasquez custody of the Child? II. Did the Eleventh Circuit on and violate Abbott v. Abbott, 560 U.S. 1 (2010) by finding that Ms. Velasquez had ne exeat rights yet upholding the District Court’s finding that Ms. Velasquez wrongfully retained the Child? _ :

Docket Entries

2019-11-18
Petition DENIED.
2019-10-31
DISTRIBUTED for Conference of 11/15/2019.
2019-10-28
Waiver of right of respondent Jose Candido Diaz Palencia to respond filed.
2019-10-21
Motion (19M56) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2019-10-02
MOTION (19M56) DISTRIBUTED for Conference of 10/18/2019.
2019-09-26
Motion (19M56) for leave to file a petition for a writ of cerftiorari with the supplemental appendix under seal filed.
2019-09-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 20, 2019)

Attorneys

Jose Candido Diaz Palencia
Stephen J. CullenMiles & Stockbridge P.C., Respondent
Marilis Yaneth Velasquez Perez
Daria PustilnikShutts & Bowen, Petitioner