Thread: Federal judge (finally) dismisses Jane Doe case, ensuring illegal immigrant who didn'

Federal judge (finally) dismisses Jane Doe case, ensuring illegal immigrant who didn't want an abortion can ditch her pro-abortion attorneys

by Margot Cleveland
| March 15, 2018 04:20 PM


If anyone, bore blame for the delay in jane Doe having her “day in court,” it was Judge Olvera.
(Screenshot/Twitter)

On Monday, federal district court judge Rolando Olvera dismissed a lawsuit initiated more than a month ago by Rochelle Garza, as guardian ad litem for Jane Doe, a 14-year-old pregnant illegal alien. Garza originally filed the case in a Texas state court, seeking a judicial bypass for Doe to obtain an abortion. But Doe later told representatives for the Office of Refugee Resettlement—the agency with legal custody over Doe—that she did not want an abortion and that Garza and her law partner, Myles Garza, had “made” her sign paperwork naming them her legal representatives for immigration proceedings.

After learning of these concerning circumstances, the ORR prohibited the Garzas from meeting with Doe and refused to transport the girl to the judicial bypass hearing scheduled for February 12, 2018, in state court. Instead, ORR removed the case to federal court based on a federal statute that authorizes the United States to transfer a lawsuit filed in a state court to federal court if the state civil action is “directed to” any federal officer or agent or federal agency.

Olvera originally refused to take the case, attempting to send it back to state court, but ORR appealed. On appeal, the 5th Circuit Court of Appeals directed Olvera to meet with Doe to determine her wishes -- and if she did not wish to have an abortion, “the matter is concluded.”

Late last week, Olvera met with Doe in his chambers, in a confidential ex parte hearing attended only by a court reporter and a court interpreter. Doe told the judge what she had previously told ORR representatives—that she did not want an abortion. Olvera accordingly dismissed the case against the ORR, but not before chastising the government for “the time delay.”

In a gratuitous reproach, Olvera, a Barack Obama-appointee to the federal bench, wrote: “[T]his Court wishes to address its concern with the time delay caused by the [ORR]. As a result of ORR’s refusal to transport [Jane Doe] to the judicial bypass hearing scheduled for February 12, 2018, [Jane Doe’s] day in court was delayed twenty-four days. In the event [Jane Doe] had wished to pursue an abortion, said abortion would have been more dangerous to health of [Jane Doe] with each passing day.”

However, if anyone, bore blame for the delay in Doe having her “day in court,” it was Olvera: As soon as the federal government learned of the troubling circumstances surrounding Garzas’ conduct and confirmed that Doe did not want an abortion, the ORR promptly filed papers in federal court. But on February 15, 2018, rather than expediting a hearing with Doe, Judge Olvera instead wrongly sent the case back to state court, forcing the ORR to appeal to the 5th Circuit, which then vacated Olvera’s initial decision on March 1, 2018. Olvera didn’t meet with Doe for another week, turning a few days’ delay into the 24-day delay bemoaned by the federal judge.

Further, before the ORR challenged the Garzas’ attempts to force the federal custodians to bring Doe to state court, Doe unequivocally stated in writing she did not want an abortion. Olvera’s unnecessary criticism of the ORR presupposes she would have wanted an abortion, and more significantly, assumes she both had a constitutional right to an abortion and that ORR must immediately facilitate an abortion for unadmitted aliens. These questions are far from settled.

Some censure was warranted, though—for Rochelle and Myles Garza.

As I explained last week, Rochelle and Myles Garza practice law together at Garza & Garza and after meeting briefly with a “barely 14-year old,” Jane Doe, Rochelle filed papers in state court to serve as Doe’s guardian ad litem and Myles filed papers to serve as her attorney ad litem. Texas law prohibits the same attorney from serving as both the guardian ad litem and the attorney ad litem because of the potential conflict in the roles. The guardian ad litem must represent the “best interests” of a minor, while the attorney ad litem must advocate whatever position the minor desires, whether in her best interests or not.

Upon learning these circumstances, the Texas Attorney General launched an investigation into Rochelle Garza and Myles Garza, asking, among other things: “What ethical walls have you established between Mr. Garza and Ms. Garza within the firm of Garza and Garza PLLC to ensure that you do not violate Texas Family Code section 33.003, prohibiting the guardian ad litem from also serving as the minor’s attorney ad litem?”

Texas attorney Linda Eads responded on behalf of the Garzas, challenging the “tone” of the attorney general’s questions, but confirming that no wall has been established. In her response, Eads also informed the Texas Attorney General that the Garzas believe the “documents the ORR produced to show that Jane Doe no longer wishes to terminate her pregnancy are ‘not credible.’”

But with Doe confirming her desire to carry her unborn baby to term, it appears that it is the Garzas who are the ones lacking in credibility.

https://www.washingtonexaminer.com/o...tion-attorneys

Deport her.

And the Garzas!

She learned well, she wants that baby as her anchor and it will allow her to stay in USA. She is entitled to Refuge Resettlement representation?- she is an illegal crossing the border. We have a multitude of homeless Americans that should be benefiting from resettlement into a roof over their heads - not foreigners. Our American citizens get nothing, illegals, UACs get everything for free for decades to come too. Then their anchor babies at age 21 can file for the parent to legally stay. That is why they all have anchor babies. They have it all worked out and so do our greedy industries that want more consumers & cheap labor.

She is a minor Foreign Runaway...deport her NOW!

Hand her over into the Care & Custody of HER Embassy!

We are not the daycare center for the World for underage illegal alien pregnant teenagers!

Get her out of here and her unborn child!