Summary
Fifth Circuit held that it lacked jurisdiction to review most grounds for appeal from a remand order under 28 U.S.C. § 1447(d), except for the argument that removal was proper under 28 U.S.C. § 1443. The court affirmed the district court's remand of a family law case to state court, agreeing that § 1443—which requires a basis in racial equality—did not apply. The appeal was dismissed in part for lack of jurisdiction and affirmed in part on the § 1443 issue.
Topics
Practice areas
Questions Presented
- Whether the district court erred in remanding the case for lack of federal jurisdiction under 28 U.S.C. § 1443.
Holdings
- The case does not meet the standards of § 1443, which is grounded in racial equality.
Key quotations
“we lack jurisdiction to address any of the grounds Wright raises save and except his argument that 28 U.S.C. § 1443 provides a ground for removal.”
“we concur with the district court's analysis that this case does not meet the standards of that statute, which is grounded in racial equality.”
Factual background
This is a family law case that was removed to federal court by defendant Rustin Wright. The district court determined it lacked subject matter jurisdiction and remanded to state court.
Procedural history
The case was originally a family law matter in state court. Defendant Wright removed to federal court under 28 U.S.C. § 1443. The district court remanded for want of federal jurisdiction. Wright appealed.