No. 23-5425

Marlon Abraham Rosasen v. Thea Marie Rosasen

Lower Court: Ninth Circuit
Docketed: 2023-08-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process emotional-abuse ex-parte-order habitual-residence hague-convention international-child-abduction parental-rights return-remedy
Latest Conference: 2023-10-06
Question Presented (from Petition)

According to the International Child Abduction Remedies Act ("ICARA ") 42 U.S.C. §§ 11601-11610 (2000) and the Hague Convention on the Civil Aspects of International Child Abduction ("Convention "), a parent may file a petition for return of their Child to the child 's country of habitual residence, if it appears that the child has been wrongfully abducted or retained.

First Question presented: Was the order to vacate trial ex-parte in chambers, revoking granted oral arguments and cross examination, Constitutional. See Gitter v. Gitter, 396 F. 3d 124, 131 (2d Cir. 2005) Monasky v. Taglieri, 140 S. Ct. 719, 723 (2020). Troxel v. Granville, U.S. 570 (2000).

Second Question presented: When the ameliorative measures imposed are ignored, and habitual residence since was found by the State Department to be the United States, what other remedies exists to restore fundamental rights and end emotional abuse, but to invoke the Convention 's Article 18, return remedy. See Washington v. Glucksberg, 521 U.S. 702 (1997), held that the Constitution, and specifically the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to direct the care, upbringing, and education of their children, See also Chafin v. Chafin , 568 U.S. 165, 179 (2013), and Mozes v. Mozes, 239 F.3d 1067, 1078 (9th Cir. 2001)). See State Departments views. (App. D).

Question Presented (AI Summary)

Whether the order to vacate trial ex-parte in chambers, revoking granted oral arguments and cross examination, was constitutional

Docket Entries

2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-05
Waiver of right of respondent Thea Marie Rosasen to respond filed.
2023-08-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2023)
2023-06-14
Application (22A1078) granted by Justice Kagan extending the time to file until August 18, 2023.
2023-06-08
Application (22A1078) to extend the time to file a petition for a writ of certiorari from June 19, 2023 to August 18, 2023, submitted to Justice Kagan.

Attorneys

Marlon Abraham Rosasen
Marlon Abraham Rosasen — Petitioner
Thea Marie Rosasen
Stacey WangHolland & Knight, LLP, Respondent