Immigration Law

Hague Convention Victory for UH Law Center Immigration Clinic: Peralta v. Garay

Prof. Geoffrey A. Hoffman writes: "I wanted to share this recent decision dated 1/12/2018 involving the Hague Convention on the Civil Aspects of International Child Abduction from the Southern District of Texas.  Congrats to our clinic students, Saif Ali and Dalya Alabbassi, from last semester, as well as Clinical Supervising Attorneys Sorgwe and Vega for their great work in federal court, on January 8th, as well as before and during the break.  Congrats and thanks also to Professor Heppard and Clinical Supervising Attorney McManus who served as our subject matter experts in family law.  We were successful in a federal court case relating to a 10 year-old girl from El Salvador.  The ... name of the child is abbreviated for confidentiality; we also have authorization from the client to share this important decision.  The federal District Court granted our motion to dismiss based on jurisdictional grounds under 12(b)(1), a rare event for Hague Convention cases; we argued that no jurisdiction existed under the Hague to forcibly remove her from the United States."