Lozano v. Alvarez
Pending petition
| Docket No. |
Op. Below | Argument |
Opinion |
Vote |
Author |
Term |
| 12-820 |
2d Cir. |
TBD |
TBD |
TBD |
TBD |
TBD |
Issue: (1) Whether a district court considering a petition under the Hague Convention on the Civil Aspects of International Child Abduction for the return of an abducted child may equitably toll the running of the one-year filing period when the abducting parent has concealed the whereabouts of the child from the left-behind parent; and (2) whether an abducted child can be “settled” in the United States, within the meaning of Article 12 of the Convention, where it is undisputed that both the abducting parent and the child are residing illegally in the United States, and the abducting parent presents no evidence of a legitimate pending application or basis under existing law for seeking a change in their immigration status.