Lozano v. Alvarez
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-820 | 2d Cir. | Dec 11, 2013 | Mar 5, 2014 | 9-0 | Thomas | OT 2013 |
Holding: The Hague Convention on the Civil Aspects of International Child Abduction creates a near-automatic return remedy for children who have been abducted to another country. To invoke that return remedy, the parent seeking the child"s return must file a petition seeking the return within one year of the child"s abduction. After one year has passed, the Convention still directs the court to order the child"s return, "unless it is demonstrated that the child is settled in its new environment." The Court holds that the one-year period may not be equitably tolled, even if the abducting parent has concealed the child"s whereabouts until after the one-year period has passed.
Judgment: Affirmed, 9-0, in an opinion by Justice Thomas on March 5, 2014. Justice Alito filed a concurring opinion, in which Justices Breyer and Sotomayor joined.
SCOTUSblog Coverage
- Opinion analysis: No tolling for left-behind parent in international child abduction case (Amy Howe, March 5, 2014)
- Argument analysis: Justices unsatisfied with options in custody case (Amy Howe, December 11, 2013)
- Argument preview: Court to consider tolling (or not) in child custody dispute (Amy Howe, December 10, 2013)
| Date | Proceedings and Orders |
|---|---|
| 01/02/2013 | Petition for a writ of certiorari filed. (Response due February 4, 2013) |
| 02/04/2013 | Brief of respondent Diana Lucia Montoya Alvarez in opposition filed. |
| 02/14/2013 | Reply of petitioner Manuel Jose Lozano filed. |
| 02/20/2013 | DISTRIBUTED for Conference of March 15, 2013. |
| 03/18/2013 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 05/24/2013 | Brief amicus curiae of United States filed. |
| 06/04/2013 | Supplemental brief of petitioner Manuel Jose Lozano filed. |
| 06/04/2013 | DISTRIBUTED for Conference of June 20, 2013. |
| 06/24/2013 | Petition GRANTED limited to Question 1 presented by the petition. |
| 07/12/2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 30, 2013. |
| 07/12/2013 | The time to file respondent's brief on the merits is extended to and including October 22, 2013. |
| 08/28/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 08/30/2013 | Joint appendix filed. (Statement of costs filed) |
| 08/30/2013 | Brief of petitioner Manuel Jose Lozano filed. |
| 09/04/2013 | Brief amicus curiae of Mexican Association for Abducted and Missing Children in support of neither party filed. |
| 09/05/2013 | Brief amici curiae of International Academy of Matrimonial Lawyers (IAML) filed. (Distributed) |
| 09/06/2013 | Brief amicus curiae of Reunite International Child Abduction Centre in support of neither party filed. |
| 09/06/2013 | Brief amicus curiae of National Center for Missing and Exploited Children filed. |
| 09/06/2013 | Brief amici curiae of A Child Is Missing, Inc., et al. filed. |
| 09/11/2013 | SET FOR ARGUMENT ON Wednesday December 11, 2013. |
| 09/17/2013 | CIRCULATED |
| 10/01/2013 | Record received from U.S.C.A. for the Second Circuit - 1 envelope. The oral argument is electronic (Not on PACER). |
| 10/01/2013 | Additonal record received from the U.S.C.A. Second Circuit. (1 envelope containing SEALED documents. |
| 10/22/2013 | Brief of respondent Diana Lucia Montoya Alvarez filed. (Distributed) |
| 10/29/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 10/29/2013 | Brief amicus curiae of United States filed. (Distributed) |
| 10/29/2013 | Brief amici curiae of Domestic Violence Legal Empowerment & Appeals Project (DV LEAP), et al. filed. (Distributed) |
| 11/15/2013 | Record from U.S.D.C. for Southern District of California is electronic. |
| 11/18/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 11/21/2013 | Reply of petitioner Manuel Jose Lozano filed. (Distributed) |
| 11/22/2013 | Record received from the U.S.D.C. Southern District of New York(1 Box / Part of the record is located on PACER). |
| 12/11/2013 | Argued. For petitioner: Shawn P. Regan, New York, N. Y. For respondent: Lauren A. Moskowitz, New York, N. Y.; and Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae). |
| 03/05/2014 | Adjudged to be AFFIRMED. Thomas, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion, in which Breyer and Sotomayor, JJ., joined. |
| 04/07/2014 | JUDGMENT ISSUED. |
| 04/08/2014 | Record received from the U.S.D.C. Southern District of New York has been returned. |
| 04/08/2014 | Record received from U.S.C.A. for the Second Circuit has been returned. |
Issue: Whether a district court considering a petition under the Hague Convention on the Civil Aspects of International Child Abduction for the return of an abducted child may equitably toll the running of the one-year filing period when the abducting parent has concealed the whereabouts of the child from the left-behind parent.