Brito Guevara v. Francisco Castro
Split Score
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This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Reversed
In this Hague Convention child-abduction case, the Fifth Circuit held that the district court erred in refusing to order the return of a seven-year-old to Venezuela. Applying de-novo review to the Article 12 “well-settled” defense, the court found that the child’s age, limited ties, and uncertain immigration status outweighed evidence of her adjustment in Texas, and therefore reversed and remanded with instructions to return the child to Venezuela.
Circuit Split Identified
Legal Issue
What is the proper standard of appellate review (de-novo vs. clear-error) for a district court’s application of the Hague Convention’s Article 12 “well-settled” defense?
Circuit Positions
Well-settled determination is primarily legal; appellate courts review de novo.
Well-settled determination is predominantly factual; review for clear error.
Conflict Summary
The Fifth, Second, Fourth and Ninth Circuits treat the well-settled inquiry as a primarily legal question and therefore review a district court’s application of the seven-factor framework de novo. The First and Eleventh Circuits, relying on Monasky v. Taglieri and Bufkin v. Collins, classify the determination as predominantly factual and apply clear-error review.