Mendoza v. Miranda, 08-55067
In a petition claiming wrongful retention of a child under the Hague Convention on the Civil Aspects of International Child Abduction, the grant of the petition is reversed, where: 1) a court may not find that a child is not "settled" because she lacks lawful immigration status; and 2) Respondent did not "conceal" the child's whereabouts and thus equitable tolling did not apply.
- Argued 08/07/2008
- Decided 03/18/2009
- Published 03/18/2009
Before: STEPHEN REINHARDT, ROGER J. MINER, and MARSHA S. BERZON, Circuit Judges.
United States Ninth Circuit
Mark T. Cramer and Elisa L. Miller, Kirkland & Ellis LLP, for the respondent-appellant., Lori R.E. Ploeger, Maureen P. Alger, and Christopher B. Durbin, Cooley Godward Kronish LLP, for the petitioner-appellee.