CA5 on Hague Convention, Asylum: Lopez Sanchez v. R.G.L.

CA5 on Hague Convention, Asylum: Lopez Sanchez v. R.G.L.

"Today, for the third time, we address an appeal by three children who are natives of Mexico, who seek reversal of the district court’s finding under the Hague Convention on the Civil Aspects of International Child Abduction that they were being wrongfully retained in the United States and should be returned to Angelica Sanchez, their mother.  While this appeal was pending, the United States Citizenship and Immigration Services granted the children asylum. This new evidence is critical to determining whether one or more of the Hague Convention’s exceptions to return applies. ...

The district court’s return order is VACATED. The case is REMANDED to the district court with instructions to determine the current physical and legal custodian; to join the Government, if it still retains temporary legal custody, as a party respondent; to appoint the children a guardian ad litem; and to consider the asylum grants, assessments, and any related evidence not previously considered that relates to whether Article 13(b) or 20 applies.  Any remaining
issues such as whether the oldest child is no longer subject to these proceedings, can be addressed.  Finally, we repeat our previous statement, which was echoed in the previous dissent, that the United States Government should take “all appropriate measures” to fulfill its Convention-imposed duties, including an obligation to “facilitate the institution of judicial or administrative proceedings with a view to obtaining the return of the child.” Hague Convention, art. 7." - Lopez Sanchez v. R.G.L., Aug. 1, 2014.