The custody issue was brought up to the Philippine Court of Appeals and on January 4, 2007, the court said that the dispute could not be decided upon because a new agreement that had resulted in Smith's midnight transfer back to the US Embassy had rendered the case moot. The agreement referred was that signed by Philippine Foreign Secretary Alberto Romulo and US Ambassador Kristie Kenney on December 22 stating that Smith should be held at the US Embassy compound. Smith was transferred back to the US Embassy on December 29—seven days after the agreement had been signed.