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DUARTE v. BARDALES

No. 06-56808.

526 F.3d 563 (2008)

Emilia DUARTE, Plaintiff-Appellant, v. Hector BARDALES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted January 11, 2008.

Filed May 20, 2008.

Attorney(s) appearing for the Case

Beverly Baker-Kelly, Oakland, CA, and Howard Moore, Jr., Berkeley, CA, for the appellant.

Victor Mordey, Chula Vista, CA, for the appellee.

Before: MYRON H. BRIGHT, HARRY PREGERSON, and CARLOS T. BEA, Circuit Judges.

Opinion by Judge BRIGHT; Dissent by Judge BEA.

BRIGHT, Circuit Judge:

On January 23, 2006, Emilia Duarte ("Duarte") filed in United States District Court for the Southern District of California a petition for the return of her children pursuant to the Hague Convention on the Civil Aspects of International Child Abduction ("Hague Convention"), as implemented by the International Child Abduction Remedies Act, 42 U.S...

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