Sanchez v. Sanchez et al

Filing 81

ORDER appointing Patricia De Veau as Guardian Ad Litem, Motions terminated:. Signed by Judge Xavier Rodriguez. (wg)

In the United States District Court
for the
Western District of Texas
ANGELICA LOPEZ SANCHEZ
v.
MIRIAM LOPEZ SANCHEZ, ET AL.

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SA-12-CV-568-XR

ORDER APPOINTING PATRICIA DEVEAU GUARDIAN AD LITEM
On February 21, the Fifth Circuit vacated this Court’s return order and remanded this
case for this Court to consider the children’s “asylum grants, assessments, and any related
evidence not previously considered.” In addition, the Fifth Circuit directed that this Court upon
remand appoint the children a guardian ad litem.
Pursuant to the Fifth Circuit’s instruction, the Court appoints Patricia DeVeau, Esq.
guardian ad litem.

She is instructed to conduct an independent, balanced and impartial

investigation for the Court into the facts relevant to the Petition for Return, any defenses raised,
or Article 13 or Article 20 exceptions that may be applicable.

Upon conclusion of her

investigation, Ms. DeVeau should file (under seal) a report containing a summary of her
investigation and any recommendations she may wish to make. However, as stated in the
Court’s Amended Findings of Fact and Conclusions of Law (docket no. 74), this case is brought
under the Convention and is not intended to be used as a vehicle to litigate the children’s “best
interests.”
In the event that during the Guardian Ad Litem’s investigation one or more of the
children object to being returned and asserts that he has attained an age and degree of maturity to
assert such a position, the Guardian Ad Litem may express an opinion as to whether the child has
attained a sufficient age and maturity to assert such a position. In the event the Guardian Ad

Litem believes such a recommendation can only be made by a qualified psychiatrist or
psychologist or other such expert, the Guardian Ad Litem may withhold such an opinion. In the
event that the Guardian Ad Litem believes one or more of the children should be examined by a
qualified psychiatrist or psychologist or other such expert, the Guardian Ad Litem shall first
report such a request to the Court prior to the retention of any such medical provider or expert.
Ms. DeVeau is appointed pursuant to the Court’s Amended Plan for the Payment of
Attorney’s Fees and Reimbursement of Attorney Expenses in Civil Cases. Pursuant to the
Amended Plan when an attorney is appointed to represent an indigent party or to serve in an ad
litem capacity, the attorney may seek recovery of expenses up to $1,500. Attorney’s fees and
expenses cannot exceed a total of $3,500. A copy of the Amended Plan and Order implementing
same

may

be

found

at

http://www.txwd.uscourts.gov/Rules/StandingOrders/District/reimburse.pdf. Any claim for fees
or expenses must be submitted within 30 days after submission of the Guardian Ad Litem report.
Otherwise, Ms. DeVeau is providing services in a pro bono capacity and the Court extends its
appreciation to her for accepting this assignment.
The Court further ORDERS that Ms. DeVeau is admitted to appear pro hac vice in the
above-styled and numbered case. The pro hac vice fee is waived. Ms. DeVeau should register
as a filing user for electronic filing within 10 days of this Order.

The registration form

prescribed by the Clerk is located at http://www.txwd.uscourts.gov/Admission/default.asp.
SIGNED this 6th day of March, 2014.

XAVIER RODRIGUEZ
UNITED STATES DISTRICT JUDGE
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