Justia International Law Opinion Summaries

Articles Posted in US Court of Appeals for the Tenth Circuit
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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 About three days after learning that Shane had withdrawn his sponsorship of her permanent-visa application, Carrie took the children and flew to Utah.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