United States District Court, E.D. Michigan, Southern Division
Jorge Daniel Jimenéz Blancarte, Petitioner.
Luna Elizabeth Ponce Santamaria, Respondent.
R. Grand Mag. Judge
AMENDED OPINION AND ORDER GRANTING PETITIONER'S
EX PARTE MOTION FOR EMERGENCY EQUITIBLE RELIEF 
E. LEVY UNITED STATES DISTRICT JUDGE
an international child abduction case brought under the Hague
Convention and its implementing statutes, the International
Child Abduction Remedies Act (ICARA). 42 U.S.C. §§
11601-11611. Petitioner alleges that in January 2019,
Petitioner's spouse removed their two daughters from
Mexico to the United States. On October 30, 2019, Petitioner
filed a Complaint for Immediate Return of Children Per Hague
Convention. (ECF No. 1.) Also on October 30, Petitioner filed
a Motion to Expedite Review and Issue Ex Parte
Order. (ECF No. 2.) On November 1, 2019, the Court held
an ex parte hearing on Petitioner's motion.
Court finds that ex parte emergency relief is
necessary in this case. Requests for emergency ex
parte relief are subject to the standards governing
motions for temporary restraining orders. Fed. R. Civ. Proc.
65(b). The Court is to balance four factors: 1) whether the
movant has a strong likelihood of success on the merits; 2)
whether the movant would suffer irreparable injury absent a
TRO; 3) whether granting the TRO would cause substantial harm
to others; and 4) whether the public interest would be served
by granting the TRO. Coalition for Homeless & Serv.
Emps. Int'l Union v. Blackwell, 467 F.3d 999, 1009
(6th Cir. 2006).
has demonstrated a strong likelihood of success on the
merits. Under Article 3 of the Hague Convention, removal of a
child is wrongful (and return required) where:
a) It is in breach of rights of custody attributed to a
person, an institution or any other body, either jointly or
alone, under the law of the State in which the child was
habitually resident immediately before the removal of
b) At the time of removal or retention those rights were
actually exercised, either jointly or alone, or would have
been so exercised but for the removal or retention.
Convention on the Civil Aspects of International Child
Abduction, Article 3, Oct. 25, 1980, T.I.A.S. No. 11670, 1343
U.N.T.S. 89 ("Hague Child Abduction Convention").
42 U.S.C. § 11603(e) provides the petitioner must
successfully prove a prima facie case by the preponderance of
the evidence. Petitioner has shown that prior to removal, his
children were habitually resident in Mexico. Petitioner has
provided the Court with evidence that under the laws of
Mexico, Petitioner had custody rights over his children, and
that at the time of removal, Petitioner was exercising those
has demonstrated that he would suffer irreparable injury
absent this Court granting an emergency order. Petitioner has
provided evidence that Respondent and their children are
flight risks. Petitioner alleges that Respondent is not
cooperating with courts in Mexico. Petitioner alleges that
Respondent is in possession of her passport and the passports
of Petitioner and Respondent's children. This Court has
previously found that risk of flight is sufficient to
constitute irreparable injury in this context, and it does so
again today. See Neumann v. Neumann, No.
15-CV-11995, 2015 WL 13036943 (E.D. Mich. June 3, 2015).
emergency relief will not pose any likelihood of harm to
others. Additionally, granting this relief-thereby ensuring
Respondent's presence at an upcoming hearing on
preliminary injunction-will advance the public interest by
furthering the principles underlying the Hague Convention. As
the Sixth Circuit has explained, the Hague Convention
requires “not only expeditious action by courts under
article 11, ... but use of ‘the most expeditious
procedures available.'” March v. Levine,
249 F.3d 462, 474 (6th Cir. 2001) (citing Article 2 of the
reasons above and for those stated on the record, the Court
orders the following:
is ORDERED to attend a hearing on Petitioner's complaint
for a preliminary injunction on Thursday, November 7, at
2:00 PM at the Ann Arbor Federal Courthouse, located at
200 E Liberty Street, Ann Arbor, MI 48104.
is ORDERED to remain within the Eastern District of Michigan.
Respondent is ORDERED to ensure that her two children,
DANIELA LIZETH JIMENÉZ PONCE and ANA VIOLETA
JIMENÉZ PONCE, remain within the Eastern District of
is ORDERED to surrender her passport and the passports of her
two children, DANIELA LIZETH JIMENÉZ PONCE and ANA