Duarte

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

EMILIA DUARTE,  No. 06-56808 Plaintiff-Appellant, v.  D.C. No.

CV-06-00158-TJW

HECTOR BARDALES,

OPINION

Defendant-Appellee.  Appeal from the United States District Court for the Southern District of California Thomas J. Whelan, District Judge, Presiding

Argued November 6, 2007 Submitted January 11, 2008 Pasadena, California

Filed May 20, 2008

Before: Myron H. Bright,* Harry Pregerson, and Carlos T. Bea, Circuit Judges.

Opinion by Judge Bright; Dissent by Judge Bea

*The Honorable Myron H. Bright, Senior Circuit Judge, United States Court of Appeals for the Eighth Circuit, sitting by designation.

5785 5788 DUARTE v. BARDALES

COUNSEL

Beverly Baker-Kelly, Oakland, California, and Howard Moore, Jr., Berkeley, California, for the appellant.

Victor Mordey, Chula Vista, California, for the appellee.

OPINION

BRIGHT, Circuit Judge:

On January 23, 2006, Emilia Duarte (“Duarte”) filed in United States District Court for the Southern District of Cali- fornia a petition for the return of her children pursuant to the Hague…