Cucalon

Cucalon v. Rice

Good Law
317 F. App'x 602
United States Court of Appeals for the Ninth CircuitApril 14, 2008No. 07-55984California851 words

Opinion

Lead Opinion

MEMORANDUM *

Wendy Espinoza Cucalón, a native and citizen of Ecuador, appeals the district court’s denial of her ex parte application for an emergency temporary restraining order. We dismiss for lack of jurisdiction.

Espinoza filed a habeas complaint and petition for declaratory and injunctive relief in the federal district court on July 6, 2007, seeking a stay of the Los Angeles County Superior Court’s order pending Espinoza’s application under the Convention Against Torture (“CAT”). She asked that the district court also vacate and declare unlawful the Superior Court’s. June 12, 2007 order which, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”), Oct. 25, 1980, T.I.A.S. No. 11670, 19 I.L.M. 1501 (1980), as implemented by the International Child Abduction Remedies Act (“ICARA”), 42 U.S.C. §§ 11601-11610 , required the return of Espinoza’s children to Ecuador, or alternatively, granted temporary physical custody of the children to their father, Freddy Ramos Andrade, to effectuate the children’s return. On July 12, 2007, Espinoza appealed the Superior Court’s order to the California Court of Appeal; the appeal was denied…

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