FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT June 27, 2019 _________________________________ Elisabeth A. Shumaker Clerk of Court HECTOR ARMANDO GIL-LEYVA, Plaintiff - Appellee, v. No. 18-1209 (D.C. No. 1:17-CV-01406-KLM) SHENOA TALEESE LESLIE, (D. Colo.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before BRISCOE, LUCERO, and PHILLIPS, Circuit Judges. _________________________________ Subject to limited exceptions, the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention), Oct. 25, 1980, T.I.A.S. No. 11,670, and its implementing legislation, the International Child Abduction Remedies Act (ICARA), 22 U.S.C. § 9001 et seq., require courts in the United States to order children returned to their countries of habitual residence if the children have been wrongfully removed to or retained in the United States. Here, Defendant-Appellant * After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Shenoa Taleese Leslie and Defendant-Appellee Hector Armando Gil-Leyva agree that Ms. Leslie has since May 2016 wrongfully retained their two minor children, H.M.G. and H.F.G., in the United States and outside Canada, the children’s country of habitual residence. At issue is whether the district court erred in determining that Ms. Leslie failed to show by clear and convincing evidence that the children face a “grave risk” of harm if returned to Canada. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm, recognizing that Ms. Leslie may provide evidence of harm and argue for custody of the children in the appropriate Canadian court.1 BACKGROUND Ms. Leslie, a U.S. citizen, and Mr. Gil-Leyva, a Canadian citizen, met in Colorado in late 2007 and began cohabiting there in March 2008. Ms. Leslie and Mr. Gil-Leyva never formally married. About September 2009, they relocated to Alberta, Canada,2 where their children, H.M.G. and H.F.G., were born.3 Ms. Leslie testified 1 In a motion filed January 15, 2019, Mr. Gil-Leyva requests leave to supplement the record on appeal. We grant the request and admit Mr. Gil-Leyva’s supplemental appendix. 2 Ms. Leslie testified that Mr. Gil-Leyva had entered the U.S. on a visitor’s visa, which he overstayed, and that he had committed a theft with a minor for which he was arrested and placed in removal proceedings. Ms. Leslie testified that Mr. Gil- Leyva accepted a voluntary departure to Canada and explained that she went with him there to “make sure that he followed the voluntary departure.” Appellant’s App. vol. 3 at 578:2. Mr. Gil-Leyva simultaneously disputes these allegations and admits undergoing “criminal & immigration removal proceedings.” Compare Appellee’s Br. at 12, with id. at 28. ...
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