Case: Brito Guevara v. Francisco Castro

3:23-cv-01726 | U.S. District Court for the Northern District of Texas

Filed Date: Aug. 2, 2023

Case Ongoing

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Case Summary

On April 19, 2023, the father, Jose Leonardo Brito Guevara (Brito), and the grandmother, Beatriz Zulay Guevara Flores (Guevara), of four-year-old A.F. filed a complaint for the return of the child by her mother, defendant Samantha Esterania Francisco Castro (Castro), in the U.S. District Court for the Eastern District of Texas. Plaintiffs claim that while the child was under the care of Guevara in Venezuela while Brito pursued career opportunities, Castro wrongfully removed the child and brough…

On April 19, 2023, the father, Jose Leonardo Brito Guevara (Brito), and the grandmother, Beatriz Zulay Guevara Flores (Guevara), of four-year-old A.F. filed a complaint for the return of the child by her mother, defendant Samantha Esterania Francisco Castro (Castro), in the U.S. District Court for the Eastern District of Texas. Plaintiffs claim that while the child was under the care of Guevara in Venezuela while Brito pursued career opportunities, Castro wrongfully removed the child and brought her to the Eastern District of Texas – violating the United Nations Hague Convention on the Civil Aspects of International Child Abduction.

For the first year of the child’s life, A.F. and both parents lived with Guevara. About a year later, Castro moved out of Guevara’s home and moved in with her parents, while Brito and A.F. remained with Guevara. During this time, Brito and Guevara permitted Castro to take A.F. for unsupervised weekend visits. After Brito accepted a job in Spain, Brito and Castro entered into an informal arrangement granting Guevara full custody of A.F. so that she could continue raising the child – which Castro later denied in her response to the complaint.

Plaintiffs allege that around the time of Brito’s move, Castro informed them of her plans to illegally immigrate to the U.S. Brito then granted Guevara broad power of attorney after telling Castro she was not able to take the child with her. A couple months later, during a visit with Castro, Castro absconded with A.F. to the United States. After being granted official guardianship of the child, Guevara filed an application under the Hague convention to seek return of the child.

In their complaint, plaintiffs sought an immediate temporary restraining order prohibiting removal of the child from the court’s jurisdiction, scheduling of an expedited preliminary injunction hearing on the merits of the case, an order directed Castro to show cause as to why the child should not be returned, and a final judgment ordering the child be returned to Venezuela. The case assigned to District Judge Sean D. Jordan.

After a hearing, on May 4, 2023, the court issued an order granting the TRO and ordering that the case be set for a consolidated preliminary injunction and trial on the merits pursuant to Federal Rule of Civil Procedure 65(a)(2) commencing on June 1, 2023.

After delays in serving Castro, a joint status conference was held with the parties over the phone regarding a motion Castro had filed to transfer the case to the Northern District of Texas. On August 1, 2023, the court granted the motion and transferred the case (Case No. 4:23-cv-00345). The case was assigned to Judge Ada Brown.

After several joint status reports and conferences, plaintiffs filed a motion asking the court to expeditiously set a final hearing on the merits or, in the alternative, reassign the case. The court denied plaintiffs motion, then scheduled a bench trial set to begin on March 21, 2024.

Castro then filed a motion for summary judgment as to claims by the child’s father on December 31, 2023, which the court did not consider due to the pending trial.

After an unsuccessful mandatory settlement conference, the bench trial began on March 21, 2024. The court issued their judgment after two days of testimony. The court held that it was in A.F.'s best interest to deny Petitioners' Hague Petition, in support of the Convention's goal of not only protecting children from wrongful removal but also protecting children from a second removal from a new environment to which they have become connected and settled, which the court believed the child had achieved in Texas.

Plaintiffs appealed the court's ruling on June 7, 2024 to the Fifth Circuit. After briefing the court, the parties presented oral arguments on February 24, 2025. In their June 2, 2025 opinion, the court reversed and remanded the district court’s decision and issued instructions directing the district court to enter an order that A.F. be returned to Venezuela. The Fifth Circuit found the district court erred in its application of the well-settled exception, without properly considering A.F.'s young age, the instability of her residence and her mother's employment, and the uncertain immigration status of both A.F. and her mother. Castro then filed a petition requesting a rehearing en banc.

On October 1, 2025, Castro further appealed to the Supreme Court of the United States seeking a stay of the Fifth Circuit’s decision pending a decision on her forthcoming petition for a writ of certiorari. Castro additionally requested that the Court enter an immediate administrative stay of the Fifth Circuit’s mandate pending a decision on her application. The following day Justice Alito granted Castro’s application, staying the Fifth Circuit order. On November 13, 2025, the Supreme Court ruled on the stay and vacated Justice Alito’s order, while also granting Castro’s request to file a supplement appendix under seal.

This case is ongoing.

Summary Authors

Maddy Ligon (11/21/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67897410/parties/brito-guevara-v-francisco-castro/


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Documents in the Clearinghouse

Document
1

3:23-cv-01726

Verified Complaint and Petition for Return of Child

Brito Guevara et al. v. Francisco Castro et al.

U.S. District Court for the Eastern District of Texas

April 19, 2023

April 19, 2023

Complaint
9

3:23-cv-01726

Temporary Restraining Order

Brito Guevara et al. v. Francisco Castro

U.S. District Court for the Eastern District of Texas

May 4, 2023

May 4, 2023

Order/Opinion
48

3:23-cv-01726

Respondent Samantha Estefania Francisco Castro’s Answer And Defenses To Petitioners’ Complaint

Brito Guevara et al. v. Francisco Castro

U.S. District Court for the Eastern District of Texas

July 19, 2023

July 19, 2023

Pleading / Motion / Brief
58

3:23-cv-01726

Joint Motion for Entry of Protective Order

Brito Guevara et al. v. Francisco Castro

Sept. 8, 2023

Sept. 8, 2023

Pleading / Motion / Brief
131

3:23-cv-01726

Final Judgment

Brito Guevara et al. v. Francisco Castro

May 8, 2024

May 8, 2024

Order/Opinion
145

3:23-cv-01726

Order

Oct. 16, 2025

Oct. 16, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67897410/brito-guevara-v-francisco-castro/

Last updated Feb. 20, 2026, 1:38 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and Petition For Return of Child against Samantha Estefania Francisco Castro ( Filing fee $ 402 receipt number ATXEDC-9460180.), filed by Jose Leonardo Brito Guevara, Beatriz Zulay Guevara Flores. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Summons(es))(Hunt, Laura) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 04/19/2023)

April 19, 2023

April 19, 2023

Clearinghouse
2

Ex Parte MOTION for Temporary Restraining Order and Scheduling of Expedited Preliminary Injunction Hearing and Brief in Support by Jose Leonardo Brito Guevara, Beatriz Zulay Guevara Flores. (Attachments: # 1 Text of Proposed Order)(Hunt, Laura) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 04/19/2023)

April 19, 2023

April 19, 2023

Case assigned to District Judge Sean D. Jordan. (jmb) [Transferred from Texas Eastern on 8/3/2023.]

April 19, 2023

April 19, 2023

In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (jmb) [Transferred from Texas Eastern on 8/3/2023.]

April 19, 2023

April 19, 2023

3

SUMMONS Issued as to Samantha Estefania Francisco Castro. (jmb) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 04/20/2023)

April 20, 2023

April 20, 2023

4

MOTION for Leave to File Under Seal Personally Identifiable Information of a Minor Child by Jose Leonardo Brito Guevara, Beatriz Zulay Guevara Flores. (Attachments: # 1 Text of Proposed Order)(Hunt, Laura) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 04/20/2023)

April 20, 2023

April 20, 2023

5

Sealed Notice of Personally Identifiable Information of a Minor Child (Hunt, Laura) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 04/20/2023)

April 20, 2023

April 20, 2023

6

ORDER granting 4 Motion for Leave to File. Signed by District Judge Sean D. Jordan on 4/25/2023. (ldm) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 04/25/2023)

April 25, 2023

April 25, 2023

7

Ex Parte Order Setting Hearing on Motion 2 Ex Parte MOTION for Temporary Restraining Order and Scheduling of Expedited Preliminary Injunction Hearing and Brief in Support: Motion Hearing set for 5/2/2023 at 10:00 a.m. in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Signed by District Judge Sean D. Jordan on 4/25/2023. (ldm) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 04/25/2023)

April 25, 2023

April 25, 2023

8

Minute Entry for proceedings held before District Judge Sean D. Jordan: Motion Hearing held on 5/2/2023 re 2 Ex Parte MOTION for Temporary Restraining Order and Scheduling of Expedited Preliminary Injunction Hearing and Brief in Support filed by Beatriz Zulay Guevara Flores, Jose Leonardo Brito Guevara. (No exhibits)(Court Reporter Gayle Wear.) (bss, ) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 05/02/2023)

May 2, 2023

May 2, 2023

9

TEMPORARY RESTRAINING ORDER granting 2 Motion for Temporary Restraining Order and Scheduling of Expedited Preliminary Injunction Hearing. It is ORDERED that pursuant to Federal Rule of Civil Procedure 65(b)(2), the TRO will go into effect immediately and last for fourteen days, unless a motion is filed to extend it. Accordingly, unless extended by the Court, this TRO expires on May 18, 2023, at 4:00 p.m. It is further ORDERED that this case shall be set for a consolidated preliminary injunction and trial on the merits pursuant to Federal Rule of Civil Procedure 65(a)(2) commencing on June 1, 2023, at 9:00 a.m. Signed by District Judge Sean D. Jordan on 5/4/2023. (rpc, ) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 05/04/2023)

May 4, 2023

May 4, 2023

Clearinghouse

NOTICE of Hearing: Consolidated Preliminary Injunction and Trial set for 6/1/2023 at 09:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. (rpc, ) [Transferred from Texas Eastern on 8/3/2023.]

May 4, 2023

May 4, 2023

10

MOTION to Continue and Extend Temporary Restraining Order by Jose Leonardo Brito Guevara, Beatriz Zulay Guevara Flores. (Attachments: # 1 Text of Proposed Order)(Hunt, Laura) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 05/16/2023)

May 16, 2023

May 16, 2023

11

MOTION to Withdraw Sam Bragg as counsel of record by Jose Leonardo Brito Guevara, Beatriz Zulay Guevara Flores. (Attachments: # 1 Text of Proposed Order)(Hunt, Laura) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 05/16/2023)

May 16, 2023

May 16, 2023

12

ORDER granting 10 Petitioners' Motion for Extension of Temporary Restraining Order. It is further ORDERED that the TRO issued on May 4, 2023, (Dkt. # 9 ), is hereby extended to June 1, 2023, at 4:00 p.m. Signed by District Judge Sean D. Jordan on 05/16/2023. (jmb) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 05/16/2023)

May 16, 2023

May 16, 2023

13

ORDER granting 11 Petitioners' Motion to Withdraw as Counsel of Record. It is ORDERED that Petitioners' Motion to Withdraw as Counsel of Record, (Dkt. # 11 ), is GRANTED, and Samuel Bragg is withdrawn as counsel of record for Petitioners. Signed by District Judge Sean D. Jordan on 05/17/2023. (jmb) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 05/17/2023)

May 17, 2023

May 17, 2023

14

ORDER. Petitioners Jose Leonardo Brito Guevara and Beatriz Zulay Guevara Flores are hereby ORDERED to file a status report by May 25, 2023, advising the Court as to the status of service on Respondent. (jmb) Modified on 5/22/2023 (jmb, ). [Transferred from Texas Eastern on 8/3/2023.] (Entered: 05/22/2023)

May 22, 2023

May 22, 2023

15

STATUS REPORT by Jose Leonardo Brito Guevara, Beatriz Zulay Guevara Flores. (Hunt, Laura) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 05/24/2023)

May 24, 2023

May 24, 2023

16

NOTICE of Attorney Appearance by Christian Sweeney on behalf of Jose Leonardo Brito Guevara, Beatriz Zulay Guevara Flores (Sweeney, Christian) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 05/24/2023)

May 24, 2023

May 24, 2023

17

ORDER. The Court ORDERS Petitioners to file another status report by no later than May 30, 2023, advising the Court as to the status of service on Respondent. Signed by District Judge Sean D. Jordan on 05/24/2023. (jmb) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 05/24/2023)

May 24, 2023

May 24, 2023

18

STATUS REPORT by Jose Leonardo Brito Guevara, Beatriz Zulay Guevara Flores. (Attachments: # 1 Exhibit A - USM285-Service of Process, # 2 Exhibit B - Translated Texts)(Hunt, Laura) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

19

MOTION to Continue The Consolidated Injunction Hearing and Trial on the Merits by Jose Leonardo Brito Guevara, Beatriz Zulay Guevara Flores. (Attachments: # 1 Proposed Order)(Hunt, Laura) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

20

MOTION to Continue and Extend Temporary Restraining Order by Jose Leonardo Brito Guevara, Beatriz Zulay Guevara Flores. (Attachments: # 1 Proposed Order)(Hunt, Laura) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

21

ORDER granting in part 19 Motion to Continue and denying 20 Motion to Continue. Signed by District Judge Sean D. Jordan on 5/31/2023. (ldm) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

22

Opposed MOTION Take Judicial Notice by Jose Leonardo Brito Guevara. (Attachments: # 1 Affidavit/Declaration Declaration in Support, # 2 Exhibit, # 3 Exhibit)(Sweeney, Christian) (Additional attachment(s) added on 6/1/2023: # 4 Proposed Order) (daj, ). [Transferred from Texas Eastern on 8/3/2023.] (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

23

***PROPOSED ORDER AS STAND-ALONE ENTRY. DISREGARD.*** Proposed MOTION for Preliminary Injunction Proposed Order by Jose Leonardo Brito Guevara. (Sweeney, Christian) Modified on 6/1/2023 (daj, ). [Transferred from Texas Eastern on 8/3/2023.] (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

24

Minute Entry for proceedings held before District Judge Sean D. Jordan: Plaintiffs' Motion for Preliminary Injunction held on 6/1/2023. From 9:12-1:19 p.m. Attorney Appearances: Plaintiff - Laura B. Hunt, Mia Lucienne Falazarano, and Christian Sweeney; Defense - N/A. (Exhibits admitted)(Court Reporter Gayle Wear.) (ldm) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 06/01/2023)

June 1, 2023

June 1, 2023

25

NOTICE by Jose Leonardo Brito Guevara, Beatriz Zulay Guevara Flores of Supplemental Evidence in support of Preliminary Injunction (Hunt, Laura) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 06/01/2023)

June 1, 2023

June 1, 2023

26

Admitted Exhibit and Witness List. Exhibits delivered to the Clerk's Office. (ldm) (Main Document 26 replaced on 6/2/2023) (ldm, ). [Transferred from Texas Eastern on 8/3/2023.] (Entered: 06/01/2023)

June 1, 2023

June 1, 2023

27

Preliminary Injunction Order and Granting 22 Petitioners' Motion for Judicial Notice. Signed by District Judge Sean D. Jordan on 6/1/2023. (ldm) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 06/01/2023)

June 1, 2023

June 1, 2023

28

STATUS REPORT by Jose Leonardo Brito Guevara, Beatriz Zulay Guevara Flores. (Falzarano, Mia) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 06/15/2023)

June 15, 2023

June 15, 2023

29

NOTICE of Attorney Appearance by Tracy Lynn McCreight on behalf of Samantha Estefania Francisco Castro (McCreight, Tracy) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

30

NOTICE of Attorney Appearance by Johan Gustaf Soederbaum on behalf of Samantha Estefania Francisco Castro (Soederbaum, Johan) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

31

STATUS REPORT (Joint) by Jose Leonardo Brito Guevara, Samantha Estefania Francisco Castro, Beatriz Zulay Guevara Flores. (Hunt, Laura) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 06/29/2023)

June 29, 2023

June 29, 2023

32

ORDER SETTING HEARING. It is hereby ORDERED that this case is set for a telephonic status conference on July 5, 2023, at 2:00 p.m. The dial-in information will be provided to counsel via email. Signed by District Judge Sean D. Jordan on 06/30/2023. (jmb) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

33

MOTION to Change Venue to the Northern District of Texas by Samantha Estefania Francisco Castro. (Attachments: # 1 Proposed Order)(McCreight, Tracy) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

38

Receipt for Surrender of Passport. (jmb) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 07/06/2023)

June 30, 2023

June 30, 2023

34

Sealed Transcript. (gwear, ) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

35

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing Proceedings held on June 1, 2023, before Judge Sean D. Jordan. Court Reporter: Gayle Wear, Telephone number: 214-872-4860. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Motion to Redact due 7/26/2023. Release of Transcript Restriction set for 10/3/2023. (gwear, ) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

36

Minute Entry for proceedings held before District Judge Sean D. Jordan: Telephonic Status Conference held on 7/5/2023 to discuss Respondent's Motion to Transfer Venue to the Northern District of Texas 33 and setting motion for a hearing on July 14, 2023. From 2:00 p.m.-2:16 p.m. Attorney Appearances: Plaintiff - Laura B. Hunt; Defense - Tracy Lynn McCreight and Johan Gustaf Soederbaum. (No exhibits)(Court Reporter Not Recorded.) (ldm) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

37

ORDER Setting Hearing on 33 MOTION to Change Venue to the Northern District of Texas. It is ORDERED that Petitioners shall respond to the motion by July 10, 2023. The transfer motion is SET for a hearing, including the presentation of evidence, on July 14, 2023, at 10:00 a.m. at the United States Courthouse located at 7940 Preston Road in Plano, Texas. Signed by District Judge Sean D. Jordan on 07/05/2023. (jmb) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

39

NOTICE of Attorney Appearance - Pro Hac Vice by Ramsey Schultz on behalf of Samantha Estefania Francisco Castro. Filing fee $ 100, receipt number ATXEDC-9585296. (Schultz, Ramsey) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 07/06/2023)

July 6, 2023

July 6, 2023

40

NOTICE of Attorney Appearance - Pro Hac Vice by Margaret Ellen Studdard on behalf of Jose Leonardo Brito Guevara, Beatriz Zulay Guevara Flores. Filing fee $ 100, receipt number ATXEDC-9588808. (Studdard, Margaret) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 07/07/2023)

July 7, 2023

July 7, 2023

41

RESPONSE in Opposition re 33 MOTION to Change Venue to the Northern District of Texas filed by Jose Leonardo Brito Guevara, Beatriz Zulay Guevara Flores. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hunt, Laura) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 07/10/2023)

July 10, 2023

July 10, 2023

42

ORDER. It is ORDERED that the parties are responsible for providing and paying fortheir own interpreters required for any court proceedings scheduled in the abovecause of action. Signed by District Judge Sean D. Jordan on 07/11/2023. (jmb) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 07/11/2023)

July 11, 2023

July 11, 2023

43

NOTICE by Jose Leonardo Brito Guevara, Beatriz Zulay Guevara Flores re 35 Transcript,,, Notice of Intent to Redact Transcript of June 1, 2023 Hearing (Hunt, Laura) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 07/12/2023)

July 12, 2023

July 12, 2023

44

***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** NOTICE of Attorney Appearance by Tracy Lynn McCreight on behalf of Samantha Estefania Francisco Castro (McCreight, Tracy) Modified text on 7/14/2023 (jmb). [Transferred from Texas Eastern on 8/3/2023.] (Entered: 07/14/2023)

July 14, 2023

July 14, 2023

45

REPLY to Response to Motion re 33 MOTION to Change Venue to the Northern District of Texas filed by Samantha Estefania Francisco Castro. (McCreight, Tracy) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 07/14/2023)

July 14, 2023

July 14, 2023

46

Minute Entry for proceedings held before District Judge Sean D. Jordan: Motion Hearing held on 7/14/2023 re 33 MOTION to Change Venue to the Northern District of Texas filed by Samantha Estefania Francisco Castro. Attorney Appearances: Plaintiff - Laura Hunt; Defense - Joakim Soederbaum. (Exhibits admitted)(Court Reporter Gayle Wear.) (bss, ) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 07/14/2023)

July 14, 2023

July 14, 2023

47

ORDER Re: 33 MOTION to Change Venue to the Northern District of Texas filed by Samantha Estefania Francisco Castro. Signed by District Judge Sean D. Jordan on 7/14/2023. (ldm) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 07/14/2023)

July 14, 2023

July 14, 2023

NOTICE of Deficiency regarding the 44 NOTICE of Attorney Appearance by Tracy Lynn McCreight submitted by Samantha Estefania Francisco Castro. The Notice of Appearance was filed using another attorney's credentials. Correction should be made by as soon as possible. (jmb) [Transferred from Texas Eastern on 8/3/2023.]

July 14, 2023

July 14, 2023

48

Defenses and ANSWER to 1 Complaint, of Petitioners by Samantha Estefania Francisco Castro.(Soederbaum, Johan) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 07/19/2023)

July 19, 2023

July 19, 2023

Clearinghouse
49

Unopposed MOTION to Redact 35 Transcript,,, of June 1, 2023 Hearing by Jose Leonardo Brito Guevara, Beatriz Zulay Guevara Flores. (Attachments: # 1 Exhibit A - Redacted Hearing Transcript)(Hunt, Laura) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 07/26/2023)

July 26, 2023

July 26, 2023

50

***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** STATUS REPORT Joint Statement Pursuant to Court's July 14, 2023 Order by Jose Leonardo Brito Guevara, Samantha Estefania Francisco Castro, Beatriz Zulay Guevara Flores. (Soederbaum, Johan) Modified text on 7/31/2023 (jmb). [Transferred from Texas Eastern on 8/3/2023.] (Entered: 07/28/2023)

July 28, 2023

July 28, 2023

51

STATUS REPORT Joint Statement Pursuant to Court's July 14, 2023 Order by Jose Leonardo Brito Guevara, Samantha Estefania Francisco Castro, Beatriz Zulay Guevara Flores. (Attachments: # 1 Exhibit Ex 1 - Respondent's Job Application, # 2 Exhibit Ex 2 - Respondent's Background Report, # 3 Exhibit Ex 3 - Respondent and A.F.'s ID Cards, # 4 Exhibit Ex 4 - Respondent and A.F.'s Applications for Employment Authorization Cards, # 5 Exhibit Ex 5 - Respondent's Screen Recordings Sending Address to Friends, # 6 Exhibit Ex 6 - Apartment Lease Contract, # 7 Exhibit Ex 7 - Respondent's Pay Stubs, # 8 Exhibit Ex 8 - Respondent and A.F.'s Asylum Applications, # 9 Exhibit Ex 9 - Email Exchange, # 10 Exhibit Ex 10 - Respondent's Bank Statements, # 11 Exhibit Ex 11 - Respondent's Receipts from Uber Eats, # 12 Exhibit Ex 12 - Geo-Data and Photos)(Soederbaum, Johan) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

52

Redaction of 35 Transcript. (gwear, ) (Main Document 52 replaced on 8/1/2023) (dm, ). [Transferred from Texas Eastern on 8/3/2023.] (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

53

ORDER granting 49 Petitioners' Unopposed Motion to Redact Transcript of June 1, 2023 Hearing. It is further ORDERED that the transcript of the June 1, 2023, hearing on Petitioners' Motion for a Preliminary Injunction will be redacted as requested by Petitioners. The court reporter is directed to make the redactions as proposed by Petitioners, (Dkt. # 49 at 27), which will then become the official record in this case. The unredacted transcript will remain under seal. (Dkt. # 34 ). Signed by District Judge Sean D. Jordan on 07/31/2023. (jmb) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

NOTICE of Deficiency regarding the 50 STATUS REPORT Joint Statement Pursuant to Court's July 14, 2023 Orde submitted by Jose Leonardo Brito Guevara, Samantha Estefania Francisco Castro, Beatriz Zulay Guevara Flores. The exhibits are not filed as separate attachments. Correction should be made by ONE BUSINESS DAY. (jmb) [Transferred from Texas Eastern on 8/3/2023.]

July 31, 2023

July 31, 2023

54

ORDER granting 33 Respondent's Motion to Transfer Venue to the Northern District of Texas. It is ORDERED that the instant action is hereby TRANSFERRED to the United States District Court for the Northern District of Texas, Dallas Division. The clerk is instructed that this transfer shall take place immediately. Signed by District Judge Sean D. Jordan on 08/01/2023. (jmb) [Transferred from Texas Eastern on 8/3/2023.] (Entered: 08/01/2023)

Aug. 1, 2023

Aug. 1, 2023

Interdistrict transfer to the Northern District of Texas Dallas Division. (jmb) [Transferred from Texas Eastern on 8/3/2023.]

Aug. 1, 2023

Aug. 1, 2023

56

New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (cfk) (Entered: 08/03/2023)

Aug. 2, 2023

Aug. 2, 2023

55

Case electronically transferred in from District of Texas Eastern; Case Number 4:23-cv-00345. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. (Entered: 08/03/2023)

Aug. 3, 2023

Aug. 3, 2023

57

MOTION to Hold Status Conference to Schedule Hearing on the Merits filed by Jose Leonardo Brito Guevara, Beatriz Zulay Guevara Flores (Attachments: # 1 Proposed Order) (Hunt, Laura) (Entered: 08/09/2023)

Aug. 9, 2023

Aug. 9, 2023

58

Joint MOTION for Protective Order filed by Samantha Estefania Francisco Castro (Attachments: # 1 Proposed Order Protective Order) (McCreight, Tracy) (Entered: 09/08/2023)

Sept. 8, 2023

Sept. 8, 2023

Clearinghouse
59

STATUS REPORT and Request For Setting For Final Hearing on the Merits filed by Jose Leonardo Brito Guevara, Beatriz Zulay Guevara Flores. (Falzarano, Mia) (Entered: 10/06/2023)

Oct. 6, 2023

Oct. 6, 2023

60

STATUS REPORT and Request for Status Conference filed by Samantha Estefania Francisco Castro. (McCreight, Tracy) (Entered: 10/06/2023)

Oct. 6, 2023

Oct. 6, 2023

61

NOTICE of Attorney Appearance by Rory Michael Smith on behalf of Jose Leonardo Brito Guevara, Beatriz Zulay Guevara Flores. (Filer confirms contact info in ECF is current.) (Smith, Rory) (Entered: 10/10/2023)

Oct. 10, 2023

Oct. 10, 2023

62

ELECTRONIC ORDER: In person status conference set for November 7, 2023 at 2:30 pm. (Ordered by Judge Ada Brown on 10/19/2023) (chmb) (Entered: 10/19/2023)

Oct. 19, 2023

Oct. 19, 2023

63

ELECTRONIC ORDER terminating 57 Motion as moot. (Ordered by Judge Ada Brown on 10/19/2023) (chmb) (Entered: 10/19/2023)

Oct. 19, 2023

Oct. 19, 2023

Order on Motion for Miscellaneous Relief

Oct. 19, 2023

Oct. 19, 2023

Order

Oct. 19, 2023

Oct. 19, 2023

Hearing Modification: Hearing set per 63 Order on Motion for Miscellaneous Relief. Status Conference set for 11/7/2023 02:30 PM before Judge Ada Brown. (oyh)

Oct. 19, 2023

Oct. 19, 2023

64

ELECTRONIC ORDER: Informal status conference set for Thursday November 9, 2023 at 10:30 am. (Ordered by Judge Ada Brown on 11/8/2023) (chmb) (Entered: 11/08/2023)

Nov. 8, 2023

Nov. 8, 2023

Order

Nov. 8, 2023

Nov. 8, 2023

Hearing/Deadline Modification: Informal Status Conference set for 11/9/2023 at 10:30 AM before Judge Ada Brown. (Per 64 Electronic Order.) (twd)

Nov. 8, 2023

Nov. 8, 2023

65

ORDER granting 58 Joint Motion for Protective Order. (Ordered by Judge Ada Brown on 11/9/2023) (cea) (Entered: 11/13/2023)

Nov. 9, 2023

Nov. 9, 2023

66

STATUS REPORT ORDER: Joint Status Report Due Two (2) Weeks from the Date of this Order. (Ordered by Judge Ada Brown on 11/14/2023) (cfk) (Entered: 11/15/2023)

Nov. 14, 2023

Nov. 14, 2023

67

MOTION Expeditiously Set Final Hearing on the Merits or, in the Alternative, to Reassign filed by Jose Leonardo Brito Guevara, Beatriz Zulay Guevara Flores. (Attachments: # 1 Exhibit(s) Exhibit 1 - Hague Convention Cases Decided in the Northern District, # 2 Proposed Order) (Falzarano, Mia) Modified event and linkage on 11/27/2023 (sxf). (Entered: 11/24/2023)

Nov. 24, 2023

Nov. 24, 2023

68

Designation of lead counsel Johan G Joakim Soederbaum for Respondent Samantha Estefania Francisco Castro. (Soederbaum, Johan) (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

69

STATUS REPORT filed by Jose Leonardo Brito Guevara, Samantha Estefania Francisco Castro, Beatriz Zulay Guevara Flores. (Attachments: # 1 Exhibit(s) Agreed Stipulations of Fact and Law) (Falzarano, Mia) (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

70

ELECTRONIC ORDER denying 67 Motion for Hearing. Before the Court is Petitioners Jose Leonardo Brito Guevara and Beatriz Zulay Guevara Flores' Motion to Expeditiously Set Final Hearing on the Merits or, in the Alternative, to Reassign. Having considered the Motion the Court concludes that it should be and hereby is DENIED. (Ordered by Judge Ada Brown on 11/30/2023) (chmb) (Entered: 11/30/2023)

Nov. 30, 2023

Nov. 30, 2023

71

SCHEDULING ORDER: Bench Trial set for three-week docket beginning 3/21/2024 before Judge Ada Brown. Motions due by 12/31/2023. Discovery due by 2/1/2024. Pretrial Order due by 2/22/2024. Pretrial Materials due by 2/22/2024. Pretrial Conference set for 3/18/2024 10:00 AM before Judge Ada Brown. Deadline for mediation is on or before 1/15/2024. (Ordered by Judge Ada Brown on 11/30/2023) (kaf) (Entered: 12/01/2023)

Nov. 30, 2023

Nov. 30, 2023

Order on Motion for Hearing

Nov. 30, 2023

Nov. 30, 2023

72

MOTION Temporary Partial Relief from Preliminary Injunction re 27 Order on Motion for Miscellaneous Relief filed by Samantha Estefania Francisco Castro (Soederbaum, Johan) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

73

ELECTRONIC ORDER denying 72 Motion The motion is denied in its entirety. (Ordered by Judge Ada Brown on 12/5/2023) (chmb) (Entered: 12/05/2023)

Dec. 5, 2023

Dec. 5, 2023

Order on Motion for Miscellaneous Relief

Dec. 5, 2023

Dec. 5, 2023

74

NOTICE of Attorney Appearance by Ellen Catherine Earl on behalf of Samantha Estefania Francisco Castro. (Filer confirms contact info in ECF is current.) (Earl, Ellen) (Entered: 12/06/2023)

Dec. 6, 2023

Dec. 6, 2023

75

MOTION for Summary Judgment as to Petitioner Guevara filed by Samantha Estefania Francisco Castro (McCreight, Tracy) (Entered: 12/31/2023)

Dec. 31, 2023

Dec. 31, 2023

76

Brief/Memorandum in Support filed by Samantha Estefania Francisco Castro re 75 MOTION for Summary Judgment as to Petitioner Guevara (McCreight, Tracy) (Entered: 12/31/2023)

Dec. 31, 2023

Dec. 31, 2023

77

Appendix in Support filed by Samantha Estefania Francisco Castro re 76 Brief/Memorandum in Support of Motion for Summary Judgment as to Petitioner Guevara (McCreight, Tracy) (Entered: 12/31/2023)

Dec. 31, 2023

Dec. 31, 2023

78

MOTION for Leave to File Amended Appendix by January 5, 2024 filed by Samantha Estefania Francisco Castro (McCreight, Tracy) (Entered: 12/31/2023)

Dec. 31, 2023

Dec. 31, 2023

79

ELECTRONIC ORDER granting 78 Motion for Leave to File Amended Appendix that includes the certified English translation of the Leon Declaration no later than January 5, 2024. (The requesting party must file the document with the clerk.) (Ordered by Judge Ada Brown on 1/3/2024) (chmb) (Entered: 01/03/2024)

Jan. 3, 2024

Jan. 3, 2024

80

Appendix in Support filed by Samantha Estefania Francisco Castro re 76 Brief/Memorandum in Support of Motion (AMENDED APPENDIX) (McCreight, Tracy) (Entered: 01/03/2024)

Jan. 3, 2024

Jan. 3, 2024

Order on Motion for Leave to File

Jan. 3, 2024

Jan. 3, 2024

81

(Document Restricted) Sealed Motion for Leave to File Unredacted Amended Appendix (Sealed pursuant to motion to seal) filed by Samantha Estefania Francisco Castro (Attachments: # 1 Exhibit(s) Unredacted Amended Appendix) (McCreight, Tracy) (Entered: 01/04/2024)

Jan. 4, 2024

Jan. 4, 2024

83

(Document Restricted) Sealed Amended Appendix in Support re: 75 Motion for Summary Judgment filed by Samantha Estefania Francisco Castro. (sxf) (Entered: 01/08/2024)

Jan. 5, 2024

Jan. 5, 2024

84

Alternative Dispute Resolution Summary filed by Samantha Estefania Francisco Castro. Outcome of ADR: Continuing to work with parties to reach a settlement. (Attachments: # 1 Exhibit(s) A) (Soederbaum, Johan) (Entered: 01/15/2024)

Jan. 15, 2024

Jan. 15, 2024

85

Joint MOTION for Leave to File Modify or Amend Discovery Deadlines filed by Samantha Estefania Francisco Castro (Soederbaum, Johan) (Entered: 01/18/2024)

Jan. 18, 2024

Jan. 18, 2024

86

ELECTRONIC ORDER denying 85 Joint Motion for Leave to File Modify or Amend Discovery Deadlines. (Ordered by Judge Ada Brown on 1/19/2024) (chmb) (Entered: 01/19/2024)

Jan. 19, 2024

Jan. 19, 2024

Order on Motion for Leave to File

Jan. 19, 2024

Jan. 19, 2024

Case Details

State / Territory:

Texas

Case Type(s):

Child Welfare

Key Dates

Filing Date: Aug. 2, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Father and grandmother of young girl.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Case Details

Other Dockets:

Northern District of Texas 3:23-cv-01726

U.S. Court of Appeals for the Fifth Circuit 24-10520

Supreme Court of the United States 25-25376

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Removal/deportation barred

Issues

General/Misc.:

Family reunification

Immigration/Border:

Family Separation