Justia International Law Opinion Summaries

Articles Posted in US Court of Appeals for the Tenth Circuit
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In April 2014, a pregnant Bogdana Alexandrovna Osipova took her young son and daughter to Russia, leaving behind ongoing divorce proceedings in Kansas. By doing so, Osipova deprived Brian Mobley, her soon-to-be ex-husband and the father of her daughter and unborn child, of his joint-custody rights under the Kansas court’s temporary custodial order. In Russia, Osipova gave birth to a girl and instituted her own divorce proceedings. The Russian court ordered Mobley to pay monthly child support. But by then the Kansas court had already awarded Mobley full custody of their two daughters, and he steadfastly refused Osipova’s requests that he pay the Russian court-ordered child support. Eventually, in September 2017, Osipova returned alone to the United States on an ill-fated quest to modify the Kansas order. The FBI promptly arrested Osipova, and she was incarcerated for international parental kidnapping and extortionate interstate communications. A jury sentenced Osipova to the statutory maximum three years on the parental-kidnapping conviction, and to seven years on each extortionate-communications convictions, all to run concurrently. On appeal, Osipova argued the federal district judge should have dismissed the indictment and recused himself from her sentencing. Osipova also argued that insufficient evidence supports her 18 U.S.C. 875(b) convictions and that the court erred by awarding Mobley restitution for attorney’s fees he incurred attempting to obtain physical custody of their two daughters. The Tenth Circuit rejected Osipova's dismissal and recusal arguments, but concurred that insufficient evidence supported the extortionate communications charges. Further, the restitution order was unauthorized by law. The latter part of the trial court's judgment was vacated and the matter remanded for resentencing. View "United States v. Mobley" on Justia Law

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The parties to this appeal were a Bolivian company, Compania de Inversiones Mercantiles S.A. (“CIMSA”), and Mexican companies known as Grupo Cementos de Chihuahua, S.A.B. de C.V. and GCC Latinoamerica, S.A. de C.V. (collectively “GCC”). Plaintiff-appellant CIMSA brought a district court action pursuant to the Federal Arbitration Act to confirm a foreign arbitral award issued in Bolivia against Defendant-appellee GCC. The underlying dispute stemmed from an agreement under which CIMSA and GCC arranged to give each other a right of first refusal if either party decided to sell its shares in a Bolivian cement company known as Sociedad Boliviana de Cemento, S.A. (“SOBOCE”). GCC sold its SOBOCE shares to a third party after taking the position that CIMSA failed to properly exercise its right of first refusal. In 2011, CIMSA initiated an arbitration proceeding in Bolivia. The arbitration tribunal determined that GCC violated the contract and the parties’ expectations. GCC then initiated Bolivian and Mexican court actions to challenge the arbitration tribunal’s decisions. A Bolivian trial judge rejected GCC’s challenge to the arbitration tribunal’s decision on the merits. A Bolivian appellate court reversed and remanded. During the pendency of the remand proceedings, Bolivia’s highest court reversed the appellate court and affirmed the original trial judge. But as a result of the simultaneous remand proceedings, the high court also issued arguably contradictory orders suggesting the second trial judge’s ruling on the merits remained in effect. GCC filed a separate Bolivian court action challenging the arbitration tribunal’s damages award. That case made its way to Bolivia’s highest court too, which reversed an intermediate appellate court’s nullification of the award and remanded for further proceedings. Invoking the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, CIMSA filed a confirmation action in the United States District Court for the District of Colorado. After encountering difficulties with conventional service of process in Mexico under the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents, CIMSA sought and received permission from the district court to serve GCC through its American counsel pursuant to Federal Rule of Civil Procedure 4(f)(3). The district court then rejected GCC’s challenges to personal jurisdiction, holding (among other things) that: (1) it was appropriate to aggregate GCC’s contacts with the United States; (2) CIMSA’s injury arose out of GCC’s contacts; (3) exercising jurisdiction was consistent with fair play and substantial justice; and (4) alternative service was proper. The district court rejected GCC's defenses to CIMSA's claim under the New York Convention. Before the Tenth Circuit Court of Appeals, the Court affirmed the district court: the district court properly determined that CIMSA’s injury arose out of or related to GCC’s nationwide contacts. "The district court correctly decided that exercising personal jurisdiction over GCC comported with fair play and substantial justice because CIMSA established minimum contacts and GCC did not make a compelling case to the contrary." The Court also affirmed the district court's confirmation of the arbitration tribunal's decisions. View "Compania De Inversiones v. Grupo Cementos de Chihuahua" on Justia Law

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Japanese national Takeshi Ogawa brought a Hague Convention action against his former wife, South Korean national Kyong Kang, alleging that she wrongfully removed their twin daughters from Japan to the United States in violation of his rights of custody and seeking an order requiring the twins to return to Japan. The district court disagreed and denied Ogawa’s petition, concluding that: (1) the twins’ removal to the United States did not violate Ogawa’s rights of custody, and alternatively, (2) even if their removal was wrongful, the twins objected to returning to Japan. Ogawa appealed. After review, the Tenth Circuit Court of Appeals determined Ogawa failed to make a prima facie showing that he had any rights of custody as the Convention defined them. Accordingly, it affirmed the district court’s order. View "Ogawa v. Kang" on Justia Law

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At issue in this case was a district court’s determination concerning the location of children’s habitual residence. Shane Watts was a dual citizen of Australia and the United States. Carrie Watts was a citizen of the United States. In 2005, Shane and Carrie married in Park City, Utah. From December 2006 to June 2016, the couple lived in North Carolina, where they reared their three children—also dual citizens of Australia and the United States. In March 2016, the couple learned that their middle child would need specialized medical attention possibly including expensive palate-extension surgery. The family decided to move to Australia to benefit from that country’s universal- healthcare system. The couple intended to live in Australia until completion of their son’s medical treatment. The move to Australia placed additional stress on Shane and Carrie’s already- strained marriage. Concerned that she would be unable to work if she and Shane later divorced, Carrie applied for a permanent visa to Australia. Shane notified the Australian immigration authorities that they had separated, and he withdrew his sponsorship of Carrie’s permanent-visa application. Carrie obtained an “intervention order” against Shane. About three days after learning that Shane had withdrawn his sponsorship of her permanent-visa application, Carrie took the children and flew to Utah. She did not tell Shane beforehand, and she lied to customs agents that she was traveling to the United States for a short visit. Carrie and the children have remained in Utah since. In total, the family lived in Australia for just over eleven months. Shane petitioned a federal court in Utah for the return of the children. In his petition, Shane claimed that Carrie had wrongfully removed the children from their “habitual residence”—i.e., Victoria, Australia. Finding that Shane failed to prove the children's habitual residence was Australia, it denied his request for relief under the Hague Convention as "wrongful." The Tenth Circuit found no reversible error, and affirmed the district court's dismissal of Shane's petition. View "Watts v. Watts" on Justia Law

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Petitioner-Appellant Mirella Ivonne Avila-Ramos appealed the district court’s denial of habeas corpus relief for an extradition certification order. Avila-Ramos was wanted for aggravated homicide in Chihuahua, Mexico. According to the warrant for her arrest, Avila-Ramos plotted with Arturo Heriberto Herrera Rey, her paramour, to murder her husband. Avila-Ramos’s husband, who had survived an earlier attempt on his life, was on his way to a hospital appointment when he was attacked and killed by a hired gun. An investigation implicated Avila-Ramos and Rey in the hit, and Rey was convicted of aggravated homicide for his involvement in the crime. On appeal, Avila-Ramos challenged the magistrate judge’s and district court’s probable cause rulings. Finding that the magistrate judge adequately found probable cause that Avila-Ramos committed aggravated homicide, the crime identified in the extradition request, the Tenth Circuit affirmed the district court’s order. View "Avila-Ramos v. Deal" on Justia Law