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Narkis Aliza Golan v. Isacco Jacky Saada

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-1544 · judgment October 28, 2020


Decided · June 15, 2022
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below.

Question presented

The Hague Convention on the Civil Aspects of International Child Abduction requires return of a child to his or her country of habitual residence unless, inter alia, there is a grave risk that his or her return would expose the child to physical or psychological harm. The question presented is: Whether, upon finding that return to the country of habitual residence places a child at grave risk, a district court is required to consider ameliorative measures that would facilitate the return of the child notwithstanding the grave risk finding.

Counsel of record

For petitioner
Karen R. King
Morvillo Abramowitz Grand Iason & Anello P.C.

For respondent
Richard Min
Green Kaminer Min & Rockmore LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
3 cert-stage · 13 merits
(10 supporting pet./neither, 3 respondent)

Argument & decision

Argued March 22, 2022 — Karen R. King · Frederick Liu · Richard Min. Audio and transcript

Decided June 15, 2022. Opinion by Sotomayor.

Proceedings

  1. Jun 29 2022
    JUDGMENT ISSUED
  2. Jun 29 2022
    Application (21A865) for an order to issue the judgment forthwith granted by Justice Sotomayor.
  3. Jun 24 2022
    Application (21A865) to issue the judgment forthwith, submitted to Justice Sotomayor.
  4. Jun 15 2022
    Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
  5. Mar 22 2022
    Argued. For petitioner: Karen R. King, New York, N. Y. For United States, as amicus curiae: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Richard Min, New York, N. Y.
  6. Mar 15 2022
    The Clerk has approved respondent's lodging proposal of March 4, 2022.
  7. Mar 15 2022
    Redacted order and redacted certified English translation of December 16, 2021 order of Court of First Instance of Milan lodged. (Distributed)
  8. Mar 11 2022
    Reply of petitioner Narkis Golan filed. (Distributed)
  9. Mar 07 2022
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED in part, and the time is allotted as follows: 20 minutes for petitioner, 15 minutes for the Solicitor General, and 35 minutes for respondent.
  10. Mar 04 2022
    Proposal of respondent to lodge a copy and a certified English translation of the December 16, 2021 order of the Milan Court of First Instance in Saada v. Golan filed. (Distributed)
  11. Feb 25 2022
    Brief amici curiae of Professors of Law Linda J. Silberman, Robert G. Spector, and Louise Ellen Teitz filed. (Distributed)
  12. Feb 25 2022
    Brief amicus curiae of Child Abduction Lawyers Association (CALA) filed. (Distributed)
  13. Feb 25 2022
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
  14. Feb 24 2022
    Brief amicus curiae of International Academy of Family Lawyers filed. (Distributed)
  15. Feb 18 2022
    Brief of respondent Isacco Saada filed. (Distributed)
  16. Feb 11 2022
    CIRCULATED
  17. Feb 03 2022
    The record received from the U.S.D.C. Eastern District of New York has been electronically filed.
  18. Jan 28 2022
    ARGUMENT SET FOR Tuesday, March 22, 2022.
  19. Jan 27 2022
    Brief amicus curiae of American Academy of Matrimonial Lawyers in support of neither party filed.
  20. Jan 27 2022
    The record received from the U.S.C.A. 2nd Circuit has been electronically filed.
  21. Jan 26 2022
    Record requested from the U.S.C.A. 2nd Circuit.
  22. Jan 26 2022
    Brief amici curiae of Hague Convention Delegates Jamison Selby Borek & James Hergen filed.
  23. Jan 26 2022
    Brief amicus curiae of United States filed.
  24. Jan 26 2022
    Brief amici curiae of Former Judges filed.
  25. Jan 26 2022
    Brief amici curiae of The National Association of Social Workers, et al. filed.
  26. Jan 26 2022
    Brief amicus curiae of Frederick K. Cox International Law Center filed.
  27. Jan 26 2022
    Brief amici curiae of Domestic Violence Survivors filed.
  28. Jan 26 2022
    Brief amici curiae of Individuals and Organizations Advocating for Victims of Domestic Violence (Sanctuary for Families, Inc. et al.) filed.
  29. Jan 26 2022
    Brief amici curiae of Italian Organizations Advocating for Victims of Domestic Violence filed.
  30. Jan 24 2022
    Brief amici curiae of Child Justice, Inc., Prevent Child Abuse NY and Professor Jennifer Baum filed.
  31. Jan 24 2022
    Blanket Consent filed by Respondent, Isacco Saada
  32. Jan 19 2022
    Brief of petitioner Narkis Golan filed.
  33. Jan 19 2022
    Joint appendix filed. (Statement of costs filed)
  34. Jan 11 2022
    Blanket Consent filed by Petitioner, Narkis Golan
  35. Dec 10 2021
    Petition GRANTED.
  36. Dec 06 2021
    DISTRIBUTED for Conference of 12/10/2021.
  37. Nov 16 2021
    DISTRIBUTED for Conference of 12/3/2021.
  38. Oct 27 2021
    Brief amicus curiae of United States filed.
  39. Apr 05 2021
    The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
  40. Mar 16 2021
    DISTRIBUTED for Conference of 4/1/2021.
  41. Mar 16 2021
    Reply of petitioner Narkis Golan filed. (Distributed)
  42. Mar 01 2021
    Brief of respondent Isacco Saada in opposition filed.
  43. Mar 01 2021
    Brief amici curiae of Individuals and Organizations Advocating for Victims of Domestic Violence (Sanctuary for Families, Inc., et al.) filed.
  44. Mar 01 2021
    Brief amicus curiae of Frederick K. Cox International Law Center filed.
  45. Jan 26 2021
    Petition for a writ of certiorari filed. (Response due March 1, 2021)