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Saturday, December 24, 2016

Villatoro v Figueredo, 2015 WL 12838861 (M.D. Florida, 2015)[Guatamala] [Federal & State Judicial Remedies] [Stay pending appeal]

          In Villatoro v Figueredo, 2015 WL 12838861 (M.D. Florida, 2015) the district court denied the Respondents motion for a stay of the judgment which granted the fathers petition and ordered that SEM be returned to Guatemala for any custody proceedings.  In deciding the motion the court considered “(1) whether the stay applicant has made a strong showing that [she] is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.” Chafin v. Chafin, 133 S. Ct. 1017, 1027 (2013). The Court found that Respondent’s failed to make of showing that she was likely to succeed on the merits, and the  balance of the other factors did not“weighs heavily in favor of granting the stay.” Garcia-Mir, 781 F.2d at 1453. Respondent acknowledged, that if she were to prevail on appeal, she would be able to obtain a re-return order. It was not clear that Respondent would be unable to enforce, or that Petitioner would refuse to comply with, a re-return order. Further, a stay would substantially injure SEM, who would lose precious time to readjust to life in Guatemala, where she has resided her entire life prior to her removal to the United States.

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