AINAN v. CASA ICF et al

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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
FARAH ALI AINAN,
Plaintiff,
v.
CASA ICF, et al.,
Defendants.
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2:25-cv-00648-SDN
ORDER AFFIRMING RECOMMENDED DECISION
On January 5, 2026, the Magistrate Judge recommended dismissing Plaintiff
Farah Ali Ainan’s complaint without prejudice for lack of subject matter jurisdiction. ECF
No. 2. Mr. Ainan, who resides in the Republic of Djibouti, alleges he is being improperly
denied access to information about his child with a disability who has purportedly been
placed with Defendant Casa ICF (“Casa”). ECF No. 1 at 1. Although Mr. Ainan did not
expressly identify a cause of action, the Magistrate Judge construed the pleading as
asserting a claim under the Hague Convention on the Civil Aspects of International Child
Abduction (the “Convention”), as implemented by the International Child Abduction
Remedies Act (“ICARA”) and codified at 22 U.S.C. § 9001, et seq. ECF No. 2 at 2. ICARA
permits courts to determine whether “the child has been wrongfully removed or retained
within the meaning of the Convention.” 22 U.S.C. § 9003(e)(1)(A). Because Mr. Ainan
principally disputes the child’s living situation and Casa’s lack of information sharing—
not the child’s removal from another country or wrongful retention in the United States—
the Magistrate Judge concluded the Court lacks subject matter jurisdiction over the claim
under ICARA. ECF No. 2 at 2.
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The Magistrate Judge recommended dismissal if Mr. Ainan did not supplement his
complaint with information establishing 	jurisdiction, and he gave Mr. Ainan until
February 4, 2026, to do so. The Magistrate Judge also notified the parties that failure to
object would waive their right to de novo review and appeal. The time within which to
supplement the complaint or file objections expired on February 4, 2026. No objections
or supplemental information were filed.
The Court finds no clear error and agrees with the findings set forth in the
Recommended Decision 	that 	Mr. Ainan 	has failed 	to 	establish 	the 	jurisdictional
requirements to invoke the Court’s authority under ICARA. It is therefore ORDERED
that 	the 	Recommended 	Decision 	of 	the 	Magistrate 	Judge 	is 	AFFIRMED 	and
ADOPTED. 	ECF 	No. 	2. 	Mr. 	Ainan’s 	complaint 	is 	DISMISSED 	WITHOUT
PREJUDICE. ECF No. 1.
S O ORDERED.
Dated this 18th day of February, 2026.
/s/ Stacey D. Neumann
U NITED S TATES D ISTRICT J UDGE
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