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The father, James Boldt, then appealed the decision of the OSC to the United States Supreme Court, however writ of certiorari was denied.<ref>555 US 814. No. 07–1348. Boldt v. Boldt. Sup. Ct. Ore. Certiorari denied. October 6, 2008. Reported below: 344 Ore. 1, 176 P. 3d 388. (2008).</ref>
The case on remand was now in the Jackson County Circuit Court again. Judge Lisa Greif held a hearing on 22 April 2009. Misha/Jimmy testified in chambers "that he did NOT want to be circumcised, he did NOT want to convert to Judaism, was afraid of his father and wanted to live with his mother."<ref name="svoboda2010" /> <ref name="geisheker2009">{{REFweb
|url=http://www.circinfo.org/Boldt_case.html
|title=American legal precedent confirms child’s right to reject circumcision
|last=Geisheker
|first=John
|author-link=John V. Geisheker
|accessdate=2020-04-18
}}</ref>
The Court then issued a verbal order from the bench that the boy was not to be circumcised. The court then followed that with a written order on 2 June 2009, in which the court found that a substantial change of circumstances had occurred and ordered an investigation by an independent child custody evaluator for a future evidentiary hearing.<ref name="geisheker2009" />
The father, facing an evidentiary hearing that he was likely to lose, voluntarily surrendered custody of Misha/Jimmy on
A long-running legal case in the United States, finally resolved in 2009, when courts in the state of Oregon ruled that a parent could not compel a child over which he had custody to get circumcised against the boy's will. The case is of interest in its potential to limit the power of parents to impose circumcision and similar physical alterations on children and in its implicit recognition that children have their own rights – to physical integrity and freedom of conscience and religion – independently of their parents' belief.