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B.X., a minor, §
§
Petitioner, §
§
v. § Civil Action No. 1:19-cv-017
§
JONATHAN HAYES, in his official capacity §
As Interim Director of the Office of Refugee §
Resettlement, et al. §
§
Respondents. §
On April 10, 2019, the Court entered its Order Granting Preliminary Injunction (Docket
No. 24). In the Order, the Court declined to order ORR to place Petitioner with the Sewell
family but rather ordered ORR to consider the Sewell family as sponsors without consideration
of the Pre-Existing Relationship Requirement in Section 2.2.4 of the ORR Guide. The Court
gave ORR 15 business days after the receipt of the sponsor application from the Sewell family.
ORR is proceeding with a background investigation of the Sewells and a home study is
scheduled for Thursday, April 18, 2019. See the Declaration of Servando Barrera attached as
ORR wholly denies the allegations made by Petitioner in his Emergency Motion to
Clarify and Modify Order Granting Preliminary Injunction (Docket No. 26) as well as the
characterization of Petitioner’s injury. ORR did not fail to reasonably and adequately care for
Petitioner after his injury on April 5, 2019. For full details regarding Petitioner’s injury and the
care given to Petitioner by ORR, including contact with Petitioner’s parents, see the Declaration
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of Servando Barrera and corresponding documents (A-1 to A-6 filed under seal) attached as
Exhibit A. Further, Petitioner has an appointment with Dr. Michael Lago, a pediatric orthopedic
ORR wholly disagrees with the opinion of Dr. Cohen and submits that Petitioner is doing
well in the program and behaves as a normal 8-year-old boy who is used to being physically
active. Id. at & 19. Counsel for Petitioner appears to be using the injury suffered by Petitioner to
circumvent the Court’s order requiring ORR to conduct a background investigation and make a
determination if the Sewells are an appropriate sponsor for Petitioner. ORR requests that this
Court, once again, decline to place itself in the shoes of ORR and leave the determination of
Emergency Motion to Clarify and Modify Order Granting Preliminary Injunction and allow ORR
Respectfully submitted,
RYAN PATRICK
UNITED STATES ATTORNEY
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CERTIFICATE OF SERVICE
I, E. Paxton Warner, Assistant United States Attorney for the Southern District of Texas,
hereby certify that on April 18, 2019, I electronically filed the foregoing using the ECF system
s/ E. Paxton Warner
E. PAXTON WARNER
Assistant United States Attorney
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