The new guidance can be found here.
9 FAM 40.103 N2 INADMISSIBILITY UNDER INA 212(A)(10)(C)
Note: Under INA 212(a)(10)(C), an alien is ineligible for a visa if the conditions in the law are satisfied. Post does not have discretion to decide not to apply the ineligibility. See 9 FAM 40.103 N7.2 below for guidance on when Advisory Opinions are necessary.
9 FAM 40.103 N2.1
Elements for INA 212(a)(10)(C)(i)
An alien is ineligible under INA 212(a)(10)(C)(i) if:
(1) The child is a U.S. citizen;
(2) A court in the United States has issued an order granting custody of the child to someone other than the alien;
(3) The alien is detaining or retaining the child, or withholding custody of the child, from the person granted custody by the U.S. court order; and
(4) The child is outside of the United States and in a country that is NOT a U.S. partner to the Convention.
NOTE: INA 212(a)(10)(C)(i) does not require the child to have been taken out of the United States. Nor does it require the alien to have been in the United States.