Samantha Estefenia Francisco Castro v. Jose Leonardo Brito Guevara

Summary

The Supreme Court denied certiorari in a Hague Convention child-abduction case concerning the standard of appellate review for a finding that a child is well settled in a new environment. Justice Sotomayor concurred in the denial, explaining that the case presented a circuit split and potentially important legal issue but was no longer an appropriate vehicle because the child had returned to Venezuela and changed circumstances could substantially affect the analysis.

Questions Presented

1. What standard of review should a court of appeals apply to a district court's finding that a child is well settled in a new environment under the Hague Convention?
2. Whether the petition for certiorari was an appropriate vehicle for resolving the circuit split concerning that standard of review after the child had returned to Venezuela.

Disposition

cert_denied