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settlementattorneyappealasylumrespondent
contractattorneyappealasylum

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Sanchez v. R.G.L.

Facts

The three children, R.G.L., S.I.G.L., and A.S.G.L., were brought to the U.S. by their aunt and uncle without their mother's permission. After expressing fear of returning to Mexico due to alleged abuse by their mother's boyfriend, they were placed in the custody of the Office of Refugee Resettlement (ORR). Their mother, Angelica Sanchez, filed a petition for their return under the Hague Convention, but the children were granted asylum during the proceedings, complicating the return order.

R.G.L., S.I.G.L., and A.S.G.L., the three minor children involved in this appeal, were born and raised in Mexico and are Mexican citizens. They lived with their mother, Angelica Sanchez ("Sanchez"), and her boyfriend, Arturo Quinonez, in Ciudad Juarez, Chihuahua. On June 9, 2012, the children's aunt and uncle, Miriam Lopez Sanchez and Jose Sanchez, brought the children across the border into El Paso, Texas, either without Sanchez's permission or under false pretenses.

Issue

Whether the children had standing to appeal the district court's order directing their return to their mother under the Hague Convention, and whether the asylum status granted to the children should affect the enforcement of that order.

Whether the Children Have Standing to Appeal

Rule

Under the Hague Convention, a child is considered 'wrongfully removed' if they have been taken from their habitual residence in violation of custody rights. The petitioner must establish wrongful removal, and the burden then shifts to the respondent to prove any exceptions to return.

The Hague Convention has two stated objectives: "a) to secure the prompt return of children wrongfully removed to or retained in any Contracting State; and b) to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States." Hague Convention, art. 1.

Analysis

The court determined that the children had standing to appeal because they actively participated in the proceedings through their attorney and had a significant personal stake in the outcome. The court also noted that the asylum grant introduced new evidence that needed to be considered before enforcing the return order, as it could affect the determination of whether the return would expose the children to harm.

The court determined that the children had standing to appeal because they actively participated in the proceedings through their attorney and had a significant personal stake in the outcome. The court also noted that the asylum grant introduced new evidence that needed to be considered before enforcing the return order, as it could affect the determination of whether the return would expose the children to harm.

Conclusion

The appellate court vacated the district court's order to return the children and remanded the case for further proceedings, requiring the district court to consider the implications of the children's asylum status.

The appellate court vacated the district court's order to return the children and remanded the case for further proceedings, requiring the district court to consider the implications of the children's asylum status.

Who won?

The children prevailed in the appeal because the court recognized their standing and the need to consider their asylum status before enforcing the return order.

The children prevailed in the appeal because the court recognized their standing and the need to consider their asylum status before enforcing the return order.

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