United States District Court, E.D. Michigan, Southern Division
Jorge Daniel Jimenez Blancarte, Petitioner.
Luna Elizabeth Ponce Santamaria, Respondent.
R. Grand, Mag. Judge.
AMENDED OPINION AND ORDER GRANTING PETITIONER'S
RENEWED 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. On November 1, 2019, the Court granted emergency
equitable relief ordering the U.S. Marshals to effectuate
service on the Respondent, ordering Respondent to surrender
her passport and the passports of her minor children, and
ordering the parties to appear at a November 5, 2019
preliminary injunction hearing. (ECF No. 5.) On November 4,
2019, the U.S. Marshals were unable to effectuate service at
the address given. The Court amended its November 1 order,
resetting the preliminary injunction hearing for November 7,
2019. (ECF No. 6.) Petitioner then moved to renew his request
for emergency injunctive relief to take custody of his
daughters. (ECF No. 7.) On November 5, 2019, the Court held a
hearing on Petitioner's renewed motion. At that hearing,
the Court heard sworn testimony from Petitioner.
Court finds that additional ex parte emergency
relief is necessary in this case to prevent the irreparable
injury that would result from the children leaving this
jurisdiction. The Court granted Petitioner's initial
motion for ex parte emergency relief because it
found that Respondent and her minor children were flight
risks. (ECF No. 5, PageID.56.) In Petitioner's renewed
motion, he alleges that a private investigator was unable to
locate Respondent or her children at any known address on
November 2 or 3, 2019. (ECF No. 7, PageID.67.) On November 4,
2019, the Novi School District refused to inform Petitioner
as to whether the children attended school that day as
anticipated. Id. Petitioner alleges that Respondent
inquired through her lawyers in divorce proceedings in Mexico
whether she could move to China, which is not a signatory to
the Hague Convention. Id. Additionally, a child
kidnapping criminal case is now open against Respondent in
the four factors for determining whether a temporary
restraining order is appropriate, see Coalition for
Homeless & Serv. Emps. Int'l Union v. Blackwell,
467 F.3d 999, 1009 (6th Cir. 2006), the Court finds that
emergency injunctive relief ordering the U.S. Marshals to
bring the children into Petitioner's custody is needed.
To ensure the TRO will not cause substantial harm to the
children and the public interest will be served, the Court
will appoint a guardian ad litem for the children.
reasons above and for those stated on the record, the Court
orders the following:
Court appoints MIRIAM Z. WOLOCK as guardian ad litem for the
children, DANIELA LIZETH JIMENÉZ PONCE and ANA VIOLETA
ORDERED that the U.S. Marshals Service take physical custody
of the children and place them into temporary custody of the
further ORDERED that Petitioner cooperate with the U.S.
Marshals Service, including being present when the Marshals
Service secures custody of the children, so as to facilitate
immediate transfer of custody of the children from the
Marshals Service to Petitioner.
ORDERED that the U.S. Marshals Service is authorized to use
such reasonable force as is necessary to enter any residence
or structure in which the Marshals Service reasonably
believes the children to be located, and to use such
reasonable force as is necessary to secure custody of the
ORDERED that once Petitioner has temporary custody of the
children, guardian ad litem MIRIAM Z. WOLOCK will perform an
initial interview of the children, DANIELA LIZETH
JIMENÉZ PONCE and ANA VIOLETA JIMENÉZ PONCE, to
determine whether any harm, physical, mental, or otherwise,
will result. The Court AUTHORIZES Miriam Z. Wolock to obtain
any educational or medical records needed to inform her
ORDERED that Petitioner remain within the Eastern District of
Michigan along with his children until the final resolution
of this case.
ORDERED that MIRIAM Z. WOLOCK appear at the preliminary
injunction hearing scheduled for November 7, 2019 at 2:00pm
to present her findings to the Court.
ORDERED that Petitioner and Respondent share the costs of the
guardian ad litem. If the guardian ad litem is unable to
collect Respondent's share of the fees, Petitioner will
be responsible for one-hundred percent of the fee but does