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Serge Matthew Aluker v. Simin Yan, aka Simin Aluker

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-1279 · judgment August 5, 2021


Certiorari denied · March 28, 2022
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Article 3 of the Hague Child Abduction Convention requires that a parental agreement have legal effect under the substantive law of the country of the child’s habitual residence in order to impact a parent’s rights of custody under the treaty. Did the Fourth Circuit’s decision write that article 3 requirement out of the Hague Child Abduction Convention?

Counsel of record

For petitioner
Kelly Ann Powers
Miles & Stockbridge P.C.

For respondent
Maya M. Eckstein
Hunton Andrews Kurth LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 28 2022
    Petition DENIED.
  2. Mar 09 2022
    DISTRIBUTED for Conference of 3/25/2022.
  3. Mar 04 2022
    Reply of petitioner Serge Aluker filed.
  4. Feb 22 2022
    Brief of respondent Simin Yan in opposition filed.
  5. Dec 29 2021
    Motion to extend the time to file a response is granted and the time is extended to and including February 22, 2022.
  6. Dec 27 2021
    Motion to extend the time to file a response from January 21, 2022 to February 22, 2022, submitted to The Clerk.
  7. Dec 22 2021
    Response Requested. (Due January 21, 2022)
  8. Dec 15 2021
    DISTRIBUTED for Conference of 1/7/2022.
  9. Dec 13 2021
    Waiver of right of respondent Simin Yan to respond filed.
  10. Nov 24 2021
    Petition for a writ of certiorari filed. (Response due December 30, 2021)