At the end of its term last week, the U.S. Supreme court granted review in Lozano v. Alvarez to consider the issue of “equitable tolling” in cases under Article 12 of the Hague Child Abduction Convention. The opinion from the Second Circuit, which refused to permit tolling, is at 697 F.3d 41 (2d Cir. 2012).) The Court did not accept cert on the second issue raised by the petitioners: whether a child can be “settled” in the United States, within the meaning of the Convention, when the parent and child do not have a legal immigration status or pending application for residence.
UPDATE: Oral arguments in Lozano have been set for Wednesday, December 11, 2013; briefs are posted on the SCOTUS page linked here.