United States v. Amer
United States Court of Appeals for the Second Circuit
110 F.3d 873 (2d Cir. 1997)
Ahmed Amer (defendant) and Mona Amer were married in Egypt and had three children, two of whom were born after the Amers moved to the United States. The Amers’ relationship deteriorated, and Ahmed moved out of the marital home. The Amers did not divorce or formally separate and did not make a custody arrangement. Ahmed visited the children approximately once per week. Ahmed wished to return the children to Egypt, but Mona would not agree. During one of Ahmed’s visits, Mona went out shopping, and Ahmed took the children to Egypt. Ahmed was charged with violation of the International Parental Kidnapping Crime Act (Act). The Act made it a felony to remove a child from the United States with the intent to obstruct another person’s parental rights. The Act provided for only three affirmative defenses to the crime, specifically that the defendant was: (1) acting within the provisions of a court custody order, (2) escaping domestic violence, or (3) failing to return the child due to circumstances beyond the defendant’s control. Congress enacted the Act in response to the fact that few countries had ratified the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention), which sought to prevent international child abductions. Congress intended the Act to be a secondary option to the Hague Convention and did not intend the Act to detract from the Hague Convention. The Hague Convention contained a variety of additional affirmative defenses that Ahmed sought to invoke. Egypt was not a signatory to the Hague Convention. The United States District Court for the Eastern District of New York convicted Ahmed. Ahmed appealed, arguing that the court erred by not permitting him to invoke affirmative defenses contained in the Hague Convention.
Rule of Law
Holding and Reasoning (Newman, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.