March 02nd, 2018

​US Court of Appeals for the Fifth Circuit Opinions
Doe v. Office of Refugee Resettlement

Docket: 18-40146
Opinion Date: March 1, 2018
Judge: Per Curiam
Areas of Law: Civil Rights, Constitutional Law

The Office of Refugee Resettlement (ORR) petitioned for an emergency stay of the district court's order denying removal under 28 U.S.C. 1442, in an action where an unaccompanied alien minor requested Texas's judicial bypass regime for the purpose of an abortion. The Fifth Circuit vacated the district court's denial of removal and remanded to the district court so that it may conduct a hearing to resolve the question of whether Jane Doe presently wished to pursue an abortion. On remand, the district court was instructed to appoint a guardian ad litem.