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Persephone Johnson Shon v. Bogdan Radu
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-17022 · judgment August 31, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The Hague Convention on the Civil Aspects of International Child Abduction generally requires that children wrongfully removed or retained from their country of habitual residence be returned promptly so that custody disputes may be adjudicated in the requesting country. Article 13b of the Convention provides an exception to that requirement when there is a grave risk that returning the child would expose the child to physical or psychological harm or place the child in an intolerable situation. The questions presented are:
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After finding that a return would expose the child to grave risk, is a district court required to consider ameliorative measures?
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If a district court considers ameliorative measures, which party has the burden to prove the ameliorative measures?
Counsel of record
For petitioner
Stephen J. Cullen
Miles & Stockbridge P.C.
For respondent
Michelle Erica Irwin
Fenwick & West LLP
Case
Conference history
Distributed for 3 conferences
Proceedings
- Jul 29 2022JUDGMENT ISSUED
- Jun 27 2022Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Golan v. Saada, 596 U. S. ___ (2022).
- Jun 21 2022DISTRIBUTED for Conference of 6/23/2022.
- Mar 16 2022DISTRIBUTED for Conference of 4/1/2022.
- Feb 25 2022Brief of respondent Bogdan Radu in opposition filed.
- Jan 26 2022Motion to extend the time to file a response is granted in part and the time is extended to and including February 25, 2022.
- Jan 26 2022Letter from counsel for petitioner dated January 24, 2022 received.
- Jan 24 2022Response to motion to extend the time to file a response from petitioner filed.
- Jan 20 2022Motion to extend the time to file a response from February 10, 2022 to March 28, 2022, submitted to The Clerk.
- Jan 11 2022Response Requested. (Due February 10, 2022)
- Jan 06 2022Response to motion received.
- Jan 05 2022DISTRIBUTED for Conference of 1/21/2022.
- Jan 03 2022Waiver of right of respondent Bogdan Radu to respond filed.
- Dec 31 2021Letter of December 31, 2021, with supplemental appendix filed.
- Dec 29 2021Motion to Schedule Parallel Oral Argument and Briefing with Golan v. Saada or, in the Alternative, to Defer Consideration of Petition Until Conclusion of Golan v. Saada received.
- Nov 29 2021Petition for a writ of certiorari filed. (Response due January 3, 2022)