From the Daily News:
Angelica Mota filed suit last year seeking custody of little Elena under the Child Abduction Remedies Act of the Hague Convention.
The child was born in 2006 to Mota and her husband Jose Luis Rivera Castillo who later entered the U.S. illegally and settled in Queens where he works as a custodian at a private school.
The couple hatched a plan for Mota and their daughter to join him in Corona, Queens in 2010 - she handed Elena off to smugglers that he had paid in advance at the border in Nogales, Arizona.
Several days later Mota was nabbed by the feds when she tried to cross with another relative and was deported in August 2010, according to court papers.
Castillo was raising the child with his new girlfriend with whom he recently had a baby boy, and had stopped sending financial support to his wife.
Castillo's lawyer argued that the couple had made a joint decision that Elena should be raised in the U.S. because it would be a better life for her.
But the judge ruled that Mota had proved her case that the child's removal to a new country was conditional upon her mother joining her.