Williane Rodrigues Dos Santos Argueta v. Omar Argueta-Ugalde


NOT RECOMMENDED FOR PUBLICATION File Name: 23a0331n.06 No. 23-1107 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Jul 20, 2023 DEBORAH S. HUNT, Clerk WILLIANE RODRIGUES DOS SANTOS ) ARGUETA, ) ) ON APPEAL FROM THE Petitioner-Appellee, ) UNITED STATES DISTRICT ) COURT FOR THE EASTERN v. ) DISTRICT OF MICHIGAN ) OMAR ARGUETA-UGALDE, ) Respondent-Appellant. OPINION ) ) Before: COLE, CLAY, and KETHLEDGE, Circuit Judges. CLAY, Circuit Judge. Respondent-Appellant, Omar Argueta-Ugalde (“Omar”), appeals the district court’s grant of Petitioner-Appellee Williane Rodrigues Dos Santos Argueta’s (“Williane”) petition for the return her minor child, M.A., pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Child Abduction Convention” or the “Convention”) and its implementing statute, the International Child Abduction Remedies Act, 22 U.S.C.A. §§ 9001, et seq. For the reasons set forth below, we AFFIRM the district court’s order granting Williane’s request for the return of her child. I. BACKGROUND A. Factual History Williane is a citizen of Brazil, and Omar is a citizen of Mexico. Omar has been employed by a U.S. based company for the past ten years and is often stationed in different parts of the world. Omar met Williane while on a work assignment in Brazil in 2015. The couple was married in No. 23-1107, Rodrigues Dos Santos Argueta v. Argueta-Ugalde 2017 and had a baby girl together, M.A., in August 2018. In 2019, Williane and Omar jointly purchased a home in Brazil that they lived in together with M.A. and Williane’s two other children from a prior marriage. In June 2019, Omar was assigned to work in China. Once he received this work assignment, the couple began moving back and forth between Brazil and China for reasons that they dispute. Williane alleges that the moves were motivated by marital issues, while Omar alleges that they were motivated by the pandemic and travel restrictions. The following is a chronology of the couple’s travels starting in June 2019. • June 2019 – January 31, 2020 (China): Omar, Williane, M.A., and Williane’s two older children moved to China. Before leaving Brazil, the couple decided to rent out the house that they had purchased earlier that year. • January 31, 2020 – September 20, 2020 (Brazil): Williane and all three children left China and went back to Brazil. Omar remained in China. During this first trip back to Brazil, Williane started a pharmacy business, which Omar funded.1 • September 20, 2020 – June 20, 2021 (China): Williane and the children returned to China to be with Omar. • June 20, 2021 – November 28, 2021 (Brazil): Williane and the children left China and stayed in Brazil. The house they had purchased in 2019 was occupied by tenants so they could not live in it. Williane found it difficult to find rental housing so the couple decided to purchase another property for the family to live in. • November 28, 2021 – July 31, 2022 (Mexico): Williane and the children left Brazil to meet …

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals