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Case 1:19-cv-00017 Document 27 Filed on 04/18/19 in TXSD Page 1 of 3

IN THE UNITED STATES DISTRICT COURT


FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION

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. §

FEDERAL RESPONDENTS’ RESPONSE IN OPPOSITION TO PETITIONER’S


EMERGENCY MOTION TO CLARIFY AND MODIFY ORDER GRANTING
PRELIMINARY INJUCTION

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

Exhibit A at & 22.

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

specialist, on April 18, 2019. Id. at & 17.

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

whether the Sewells are proper sponsors to ORR.

WHEREFORE, Respondents respectfully request that the Court deny Petitioner’s

Emergency Motion to Clarify and Modify Order Granting Preliminary Injunction and allow ORR

to continue with its assessment of the Sewells request to sponsor Petititioner.

Respectfully submitted,

RYAN PATRICK
UNITED STATES ATTORNEY

By: s/ E. Paxton Warner


E. PAXTON WARNER
Assistant United States Attorney
Southern District Bar No. 555957
Texas Bar No. 24003139
Southern District of Texas
1701 West Business Hwy 83, Ste. 600
McAllen, Texas 78501
T: (956) 618-8010
F: (956) 618-8016
Email: Paxton.Warner@usdoj.gov
Attorney in Charge for Respondents

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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

which will send notification to all counsel of record.

s/ E. Paxton Warner
E. PAXTON WARNER
Assistant United States Attorney

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