Edelstein v. Nelson
CourtCourt of Appeals for the Ninth Circuit
Date FiledNovember 13, 2026
Docket25-3765
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 13 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALEXIS EDELSTEIN, No. 25-3765
D.C. No.
Petitioner - Appellant, 2:25-cv-00003-GMN-MDC
v.
MEMORANDUM*
TARA MICHELLE NELSON,
Respondent - Appellee.
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, District Judge, Presiding
Argued and Submitted October 29, 2026
San Francisco, California
Before: BYBEE and SUNG, Circuit Judges, and LIN, District Judge.**
Alexis Edelstein appeals the district court’s decision denying his petition
seeking the return of his child, E.E., to Argentina pursuant to the Hague Convention
on the Civil Aspects of International Child Abduction (“Hague Convention”) and
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The Honorable Rita F. Lin, United States District Judge for the
Northern District of California, sitting by designation.
the International Child Abduction Remedies Act (“ICARA”). Edelstein specifically
challenges the district court’s finding that E.E. was habitually resident in the United
States at the time Tara Nelson (Edelstein’s then-wife and E.E.’s mother) retained
E.E. in Nevada. We have jurisdiction pursuant to 28 U.S.C. § 1291. See Nisbet v.
Bridger, 124 F.4th 577, 581 n.3 (9th Cir. 2024). For the reasons stated below, we
affirm.
The habitual-residence inquiry seeks to determine whether the child is “at
home in the particular country at issue.” Monasky v. Taglieri, 589 U.S. 68, 84
(2020). As part of that inquiry, the trial court should consider “the totality of the
circumstances specific to the case.” Id. at 71. “There are no categorical
requirements for establishing a child’s habitual residence . . . .” Id. at 80–81. “The
habitual-residence determination thus presents a task for factfinding courts, not
appellate courts, and should be judged on appeal by a clear-error review standard
deferential to the factfinding court.” Id. at 84.
The parties agree that a parental agreement to reside in a new place for an
indefinite period is probative of a child’s habitual residence. See Mozes v. Mozes,
239 F.3d 1067, 1076–78 (9th Cir. 2001) (noting the probative value of parental
agreement), abrogated on other grounds by Monasky, 589 U.S. at 76, 84. We have
previously warned trial courts to be cautious about relying solely on one party’s
testimony “when the persons entitled to fix the child’s residence no longer agree on
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where it has been fixed.” Id. at 1076. This warning directs trial courts to consider
such testimony in light of “all available evidence.” Id.; see also id. at 1081–82
(discussing the district court’s consideration of “the conflicting testimony of both
parties” alongside “all the evidence”).
Here, the district court relied in part on Nelson’s testimony, which the court
found more credible than Edelstein’s, to find that the parties agreed to reside in
Nevada during an hour-long phone call in November 2024. But the district court
also noted that Nelson’s testimony was supported by other available evidence,
including a text message memorializing the agreement; the parties’ continued
presence in Nevada; and the parties’ earlier discussions about relocating to the
United States. Beyond the parties’ agreement to reside in Nevada, the district court
considered additional evidence that it deemed relevant to assessing “the totality of
the circumstances specific to the case”—evidence that the district court concluded
further supported finding that E.E. was habitually resident in the United States by
late 2024. See Monasky, 589 U.S. at 71.
As the district court acknowledged, some evidence supports a contrary
determination, suggesting that the parties’ stay in the United States was intended to
be temporary. Arguably, the record supports several inferences regarding E.E.’s
habitual residence. Nonetheless, “[t]he clear-error standard of review, by definition,
admits the possibility that more than one inference can be drawn from any given
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record; when that occurs, a trial court’s choice between these permissible inferences
cannot be clearly erroneous.” Nisbet, 124 F.4th at 589 (citing Anderson v. City of
Bessemer City, 470 U.S. 564, 574 (1985)). Here, the district court drew permissible
inferences from the record. Consequently, the district court did not clearly err when
it found that E.E.’s habitual residence was the United States and thus that no
wrongful retention had occurred under the Hague Convention and ICARA.
AFFIRMED.
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