IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fif h Circuit

No. 16-50149 FILED February 16, 2017 Lyle W. Cayce JORGE CARLOS VERGARA MADRIGAL, Clerk

Plaintiff - Appellant Cross-Appellee v. ANGELICA FUENTES TELLEZ,

Defendant - Appellee Cross-Appellant

Appeals from the United States District Court for the Western District of Texas

Before HIGGINBOTHAM, DENNIS, and CLEMENT, Circuit Judges. JAMES L. DENNIS, Circuit Judge: Jorge Carlos Vergara Madrigal (Vergara) and Angelica Fuentes Tellez (Fuentes) are the parents of two young daughters, ages five and three years (the Children). The family resided in Mexico City, Mexico, until April 2015, when Fuentes took the Children on vacation but wrongfully retained them in the United States thereafter. Vergara initiated proceedings in the United States District Court for the Western District of Texas for the Children’s return to Mexico under the Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11,670, 1343 U.N.T.S. 89. Following a bench trial, the district court ordered that the Children be returned to Mexico. Fuentes ultimately purported to comply with the district Case: 16-50149 Document: 00513877927 Page: 2 Date Filed: 02/16/2017

No. 16-50149 court’s order by having the Children spend some weeknights in Juarez, Mexico, and the rest of their time in El Paso, Texas. Both parties filed post-judgment motions. Vergara claimed that Fuentes had not complied with the court’s order and asked that the Children and their passports be delivered to him for purposes of return and that their international travel be prohibited. Fuentes sought to vacate the district court’s judgment because she claimed that new evidence established that the Children faced a grave risk of harm in Mexico. The district court denied both parties’ motions, and both parties appeal. For the reasons discussed below, we affirm the judgment of the district court. I Vergara and Fuentes are both well-known Mexican businesspersons. Vergara is the founder of Grupo Omnilife, a large Mexican corporation, of which Fuentes was the Chief Executive Officer before the parties’ marriage broke down. Vergara and Fuentes married in 2008 and subsequently had two daughters together, V.V.F., born in August 2010, and M.I.V.F, born in January 2013. Before the parties’ marriage collapsed, the family resided in Mexico City, Mexico. In April 2015, the parties’ marital and business relationship fell apart. At that time, Fuentes took the Children to the United States on a previously planned vacation, but she then decided to remain with the Children in El Paso, Texas. Contested divorce and custody proceedings ensued in Mexico. Mexican courts have issued numerous temporary orders relating to the parties’ custody dispute, and the parties disagree on the current state of their custody rights in Mexico. In June 2015, Vergara filed this action under the Hague Convention in the United States District Court for the Western District of Texas, seeking the return of the Children to Mexico. Following trial, the district court found that Mexico was the state of the Children’s habitual residence, within the meaning 2 Case: 16-50149 Document: 00513877927 Page: 3 Date Filed: 02/16/2017

No. 16-50149 of the Convention, and