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Jason Michael Zank v. Liz Lorena Lopez Moreno

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-2397 · judgment July 19, 2018

Certiorari denied · March 18, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below.

Question presented

The Hague Convention on the Civil Aspect of International Child Abduction, and its enabling legislation, the International Child Abduction Remedies Act (“ICARA”), prohibit a child’s wrongful removal to or retention in a country that is not the child’s habitual residence. This Petition presents the following question: Whether a child’s habitual residence can be changed based on one parent’s unilateral removal of a child to or retention of the child in another country plus the passage of time.

Counsel of record

For petitioner
Matthew T. Nelson
Warner Norcross + Judd LLP

For respondent
Robert Anthony Alvarez
Avanti Law Group, PLLC

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 18 2019
    Motion for leave to file amicus brief filed by Reunite International Child Abduction Centre GRANTED.
  2. Mar 18 2019
    Petition DENIED.
  3. Feb 27 2019
    DISTRIBUTED for Conference of 3/15/2019.
  4. Feb 22 2019
    Reply of petitioner Jason Zank filed.
  5. Feb 11 2019
    Brief of respondent Liz Lopez Moreno in opposition filed.
  6. Feb 11 2019
    Motion for leave to file amicus brief filed by Reunite International Child Abduction Centre.
  7. Jan 11 2019
    Response Requested. (Due February 11, 2019)
  8. Jan 02 2019
    DISTRIBUTED for Conference of 1/18/2019.
  9. Dec 21 2018
    Waiver of right of respondent Liz Lopez Moreno to respond filed.
  10. Nov 19 2018
    Petition for a writ of certiorari filed. (Response due December 21, 2018)