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1 Monzon v. De La Roca (Case Analysis) 1 (2018)

handle is hein.congcourts/monzlar0001 and id is 1 raw text is: Commentary: Appellate Court Cases Monzon v. De La Roca, 2018 U.S. App. LEXIS 34763 (3d Cir. Dec. 7, 2018) OCommencement of Proceedings Defined I Other Third Circuit Cases Article 12 Defense I Settlement Didon v. Castillo, 838 F.3d 313 (3d Cir. 2016) In this case, father petitioned for return of his child to Guatemala sixteen months after the child's re- Karpenko v. Leendertz, moval by mother. In father's procedural objec- 619 F.3d 259 (3d Cir. 2010) tions he sought to establish that the availability of Tsai-Yi Yang v. Fu-Chiang Tsui (Yang Il, an Article 12 delay defense is triggered by the 499 F.3d 259 (3d Cir. 2007) later of either (1) the filing a civil petition in the court having jurisdiction, or (2) the filing of an ad- Karkkainen v. Kovalchuk, ministrative petition. Father also sought to estab- 445 F.3d 280 (3d Cir. 2006) lish that under ICARA, a delay defense fails unless In re Application of Adan, an Article 13b or Article 20 defense is also proven, 437 F.3d 381 (3d Cir. 2006) and he argued that the evidence of the child's set- tlement was insufficient. Baxter v. Baxter, 423 F.3d 363 (3d Cir. 2005) Facts Yang v. Tsui (Yang I), 416 F.3d 199 (2005) Parents, citizens of Guatemala, separated shortly after the birth of their only child in 2010. They di- 391 F.3d 540 (3d Cir. 2004) vorced in 2014. Mother began a relationship with Deleon, a man who lived in New Jersey. In 2014, Delvoye v. Lee, mother married Deleon and, without father's con- 329 F.3d 330 (3d Cir. 2003) sent, brought their child to the United States to live. Mother disclosed to father that she was in Federv. Evans-Feder, New Jersey with the child, but she did not dis- 63 F.3d 217 (1995) close their address. Father commenced an ad- ministrative application for the child's return to Guatemala in August of 2014. When he discovered that an actual petition to a court in the United States was necessary, he filed his petition for return in the District Court of New Jersey in January of 2016-sixteen months after the child's departure from Guate- mala. The district court denied father's petition for return, finding that the child was set- tled in New Jersey. Neither mother, her new husband, nor the child had legal immigration status in the United States, but mother and her new husband both had pending petitions for asylum. The Third Circuit affirmed. Discussion Commencement of Proceedings. The Third Circuit found that father had been diligent in attempting to secure the return of his child and acknowledged that the father did not speak English, could not afford counsel, and did not know the child's address. However, Commentary- Monzon v. De La Roca Page 1

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