Supreme Court of the United States · Official docket →
Kira Kristina Zielinski v. United States
IFP petition · United States Court of Appeals for the Eighth Circuit, No. 23-3575 · judgment February 13, 2025
Question presented
The International Parental Kidnapping Act criminalizes removing a child from the United States “with intent to obstruct the lawful exercise of parental rights.” 18 U.S.C. § 1204. It is an affirmative defense, however, that the defendant “was fleeing an incidence or pattern of domestic violence.” Id. § 1204(c)(2). Until this case, courts uniformly allowed defendants to assert this defense based on evidence they were fleeing domestic violence directed either at themselves or their children. The courts below, however, barred Petitioner Kira Zielinski from presenting evidence that she fled to Mexico with her four-year-old son because she believed he was being sexually abused by her former spouse. Deprived of her only defense, Ms. Zielinski was convicted under § 1204. The question presented is: Whether a defendant is “fleeing an incidence or pattern of domestic violence” under § 1204(c)(2) if she is fleeing domestic violence against her child. (i)
Counsel of record
For petitioner
Knut Sveinbjorn Johnson
Singleton Schreiber, LLP
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
1 cert-stage
Proceedings
- Feb 13 2026Judgment Issued.
- Jan 12 2026Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of the position asserted by the Solicitor General in his brief for the United States filed on November 13, 2025.
- Dec 04 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 03 2025Reply of petitioner Kira Kristina Zielinski filed.(Distributed)
- Nov 13 2025Brief of respondent United States in opposition filed.
- Oct 02 2025Motion to extend the time to file a response is granted and the time is further extended to and including November 13, 2025.
- Oct 01 2025Motion to extend the time to file a response from October 14, 2025 to November 13, 2025, submitted to The Clerk.
- Sep 09 2025Motion to extend the time to file a response is granted and the time is extended to and including October 14, 2025.
- Sep 08 2025Motion to extend the time to file a response from September 11, 2025 to October 14, 2025, submitted to The Clerk.
- Aug 12 2025Response Requested. (Due September 11, 2025)
- Aug 05 2025Brief amici curiae of Battered Women’s Justice Project, et al. filed. (Distributed)
- Jul 24 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 16 2025Waiver of right of respondent United States of America to respond filed.
- Jul 07 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2025)