Espinosa-Cisneros v. Solis-Lopez

Filing 87

ORDER Referring Case to Pro Bono Progarm under General Order 2016-02 for the purpose of identifying an attorney willing to be appointed as a pro bono attorney for Petitioner. Signed by Magistrate Judge Carl W. Hoffman on 12/22/2016. (Copies have been distributed pursuant to the NEF - cc: Mai Tieu - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LUIS RAUL ESPINOSA CISNEROS,

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Petitioner,
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vs.
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MARIANELA SOLIS LOPEZ,
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Respondent.
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__________________________________________)

Case No. 2:16-cv-00057-GMN-CWH
ORDER REFERRING CASE TO
PRO BONO PROGRAM

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This is a case brought under the 1980 Hague Convention on Civil Aspects of International

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Child Abduction (“Hague Convention”) in which Petitioner Luis Raul Espinosa Cisneros alleges

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his two minor children have been wrongfully taken from their habitual residence of Mexico to Las

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Vegas, Nevada, by the children’s mother, Respondent Marianela Solis Lopez. Petitioner seeks an

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order compelling the return of the minor children to Mexico. Respondent contends that returning

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the children to Mexico would subject them to a grave risk of physical and psychological harm. The

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ultimate issue before this court is not who, as between the parents, is best suited to have custody of

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the children—it is to determine which court has the jurisdiction to determine custody. The Federal

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Judicial Center provides a litigation guide for Hague Convention return cases, available at

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http://www.fjc.gov/public/pdf.nsf/lookup/hagueguide.pdf/$file/hagueguide.pdf.

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On December 14, 2016, the undersigned entered a report and recommendation to the

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assigned United States district judge stating that the second amended petition for return should be

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denied. (Report and Recommendation (ECF No. 81).) Petitioner objected to the report and

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recommendation. (Objection (ECF No. 82).) Petitioner’s current pro bono attorney seeks to

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withdraw from the case because she is retiring at the end of 2016.

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IT IS THEREFORE ORDERED that this case is referred to the Pilot Pro Bono Program

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under General Order 2016-02 for the purpose of identifying an attorney willing to be appointed as a

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pro bono attorney for Petitioner Luis Raul Espinosa Cisneros. The scope of the appointment will

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be for representing Respondent to the conclusion of this case.

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IT IS FURTHER ORDERED that the Clerk of Court must forward this order to the Pro
Bono Liaison.

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DATED: December 22, 2016.

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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