Case: Texas v. United States

6:21-cv-00016 | U.S. District Court for the Southern District of Texas

Filed Date: April 6, 2021

Closed Date: Aug. 23, 2023

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Case Summary

This is a case challenging the Biden Administration's efforts to use systemic prosecutorial discretion in immigration enforcement. On April 6, 2021, the states of Texas and Louisiana filed this lawsuit in the U.S. District Court for the Southern District of Texas. The plaintiffs sued the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and U.S. Citizenship and Immigration Services (USCIS) under the Immigration and Nation…

The plaintiffs claimed the Biden Administration released guidance in two memoranda (the January 20 "Pekoske" memo and the February 18 "Johnson" memo) that unlawfully limited holding immigrants convicted of felony offenses in ICE custody, violating the INA (8 U.S.C. §§ 1226(c), 1231(a)(2)), APA, and the U.S. Constitution. Federal law required that they should be taken into ICE custody, but the guidance sought to focus on immigrants who specifically posed a national security, border security, or public safety risk.

On April 27, 2021, the plaintiffs moved for a preliminary injunction.

The federal government moved to consolidate the case with Coe v. Biden (No. 3:21-cv-00168) on July 12, 2021. Coe was a case that made similar claims filed in a different division of the Southern District of Texas. The court denied the motion on July 26, explaining: The two cases had different parties and counsel; the U.S. President was a defendant in Coe but not in this case, and the plaintiffs in Coe included local sheriffs rather than two states. This case requested an injunction to two memoranda released by the Biden Administration, as opposed to Coe's one. The different cases' requested injunctions also had different scopes. Consolidating the cases would also cause delays in this case because of how much later Coe was filed, and the court did not think that consolidation would lead to more efficiency given the differences.

On August 19, 2021, Judge Tipton granted the plaintiffs' motion for a preliminary injunction. 555 F.Supp.3d 351. The court found that the plaintiffs had demonstrated a substantial likelihood that certain sections of the Biden Administration's memoranda would direct officials to act contrary to the APA, and enjoined those specific sections. The court also ordered the federal government to inform the court by September 3, 2021, of the guidance, protocols, or standards used to control the detention of undocumented immigrants covered by 8 U.S.C. §§ 1226(c), 1231(a)(2), in light of the preliminary injunction. Starting September 5th, the federal government also had to file a monthly report on the undocumented immigrants that were released from custody and not detained immediately by ICE following release.

The day after the court's order, the federal government moved to stay the preliminary injunction and appealed to the U.S. Court of Appeals for the Fifth Circuit, also filing a motion in the Fifth Circuit seeking a stay of the injunction or, in the alternative a 7-day administrative stay to allow the government time to seek a stay in the U.S. Supreme Court. On August 25, 2021, the Court of Appeals granted an indefinite administrative stay "until further order of this Court."

After hearing oral argument on September 8, 2021, a motions panel of the Fifth Circuit consisting of Circuit Judges Leslie H. Southwick, James E. Graves, Jr., and Gregg J. Costa partially granted the federal government's request for a stay in a September 15 opinion. 14 F.4th 332. Noting that the government has broad prosecutorial discretion in immigration cases, as well as criminal cases, the Fifth Circuit Judges found that the administration was likely to succeed on the merits in this case and stayed Judge Tipton's order to the extent it prevented the new administration from exercising its prosecutorial discretion about how to begin removal proceedings against. However, it agreed with Judge Tipton that 8 U.S.C. §§ 1226(c) and 1231(a)(2) mandated the detention of certain kinds of immigrants and that the Biden Administration's memoranda could not justify the release of people detained under those authorities.

However, the full Fifth Circuit then voted to vacate the motions panel's stay opinion and to assign the case to the ordinary (non-motions) docket "in the regular course." 24 F.4th 407, 408–09 (5th Cir. Nov. 30, 2021). Therefore, the district court's injunction took full effect. The federal defendants moved (without opposition from the states) to dismiss their own appeal, and the court of appeals granted that motion on February 11, 2022. WL 517281.

Back in the district court, the case headed towards a bench trial, which was held in late February 2022 and followed by post-trial briefing. On June 10, 2022, the district court vacated the memorandum, finding that §§ 1226(c) and 1231(a)(2) mandated detention for undocumented immigrants convicted of specific crimes or who had final orders of removal, and that the DHS guidelines required its officials to act contrary to the mandate. While the district court acknowledged that the Executive Branch may abandon immigration enforcement against a particular individual on a case-by-case determination, it found that the present case bound DHS officials in a “generalized, prospective manner” in violation of Congress’s detention mandate. 606 F.Supp.3d 437.

On June 13, 2022, the defendants appealed the district court’s judgment—and all associated opinions and orders—to the U.S. Court of Appeals for the Fifth Circuit. That same day, the defendants filed an emergency motion for a stay pending appeal of the district court’s judgment. The defendants also requested a continuation of the administrative stay while the district court considered the stay motion. The following day, the district court extended the administrative stay of the final judgment to June 24, 2022, to provide the Fifth Circuit sufficient time to decide whether an additional stay should be entered, while denying all other requested relief. 2022 WL 2720155. On July 6, 2022, the Fifth Circuit denied the motion for stay pending appeal. 40 F.4th 205.

A writ of certiorari was then filed with the Supreme Court on the matter. On July 21, 2022, the Supreme Court issued an order denying the application for stay. 143 S.Ct. 51. In that same order, the Supreme Court granted certiorari and directed the parties to answer 1) whether Texas and Louisiana had standing to challenge the DHS guidelines; 2) whether the guidelines were contrary to §§ 1226(c) or 1231(a), or otherwise contrary to the APA; and 3) whether 8 U.S.C. § 1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the guidelines under the APA. On July 28, 2022, the Fifth Circuit placed the appeal in abeyance pending the U.S. Supreme Court's decision.

The Supreme Court heard oral arguments on November 29, 2022, and issued its decision in the case on June 23, 2023. 599 U.S. 670. In an 8-1 ruling, the Court held that Texas and Louisiana lacked Article III standing to challenge the guidelines at issue. Decisions about whom to arrest and prosecute rested with the executive branch, the Court held, and telling federal law enforcement agencies to arrest or prosecute more people was generally beyond the purview of the judicial branch. As such, the Supreme Court reversed the judgment of the District Court considering the plaintiffs lacked standing to bring this “extraordinarily unusual lawsuit.” Since the suit was dismissed on standing grounds, the Court declined to address whether the manner in which the Secretary promulgated the guidelines violated the Administrative Procedures Act.

Given the Supreme Court’s decision, the appellants filed an unopposed motion to dismiss the appeal, which was granted on August 28, 2023. 2023 WL 8637581. The case is now closed.

Summary Authors

Lauren Yu (8/22/2021)

Jonah Hudson-Erdman (9/15/2021)

Saba Khan (1/5/2023)

Simran Takhar (7/5/2023)

Kavitha Babu (4/3/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59798105/parties/state-of-texas-v-united-states-of-america/

Judge(s)

Attorney for Plaintiff

Attorney, Ryan Daniel

Boynton, Brian M (District of Columbia)

Byron, H. Thomas III (New York)

Attorney for Defendant

Attorney, Daniel David

Expert/Monitor/Master/Other

Amdur, Spencer E. W. (California)

Judge(s)

Costa, Gregg Jeffrey (Texas)

Tipton, Drew Barnett (Texas)

Attorney for Plaintiff

Attorney, Ryan Daniel

Boynton, Brian M (District of Columbia)

Byron, H. Thomas III (New York)

General, Eric Alan

General, Elizabeth Baker

Harrington, Sarah E. (District of Columbia)

Hudson, Eric Alan (Texas)

Janda, Sean (District of Columbia)

Kobach, Kris William (Texas)

Lowery, Jennifer B (District of Columbia)

Murrill, Elizabeth Baker (Louisiana)

Olson, Leif A. (Texas)

Pettit, Lanora Christine

Shih, Michael (District of Columbia)

StJohn, Joseph Scott (Texas)

St. John, Joseph S (Louisiana)

Stone, Judd Edward

Sweeten, Patrick Kinney (Texas)

Thompson, William Thomas (Texas)

Wallace, Benjamin (Texas)

Walters, Ryan Daniel (Texas)

Attorney for Defendant

Attorney, Daniel David

Cholera, Kuntal (District of Columbia)

Director, Erez Reuveni,

Esq., Daniel Bentele

Hu, Daniel David (Texas)

Kirschner, Adam D. (District of Columbia)

Knapp, Michael Fraser (District of Columbia)

Paxton, Ken (Texas)

Rosen-Shaud, Brian C (District of Columbia)

Ward, Brian Christopher (Texas)

Webster, Brent (Texas)

Other

Amdur, Spencer E. W. (California)

Crapo, Matt A (District of Columbia)

General, Drew C.

Huddleston, Kathryn (Texas)

Zimolong, Walter S (Pennsylvania)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

6:21-cv-00016	Civil Docket for Case #: 6:21-cv-00016 State of Texas v. United States of America	Sept. 15, 2021	Sept. 15, 2021 Docket
1 6:21-cv-00016	Complaint State of Texas v. United States	April 6, 2021	April 6, 2021 Complaint
42 6:21-cv-00016	Response in Opposition to Motion	May 18, 2021	May 18, 2021 Pleading / Motion / Brief
75 6:21-cv-00016	Order State of Texas v. United States	July 26, 2021	July 26, 2021 Order/Opinion 2021 WL 3171958
79 6:21-cv-00016	Memorandum Opinion and Order State of Texas v. United States	Aug. 19, 2021	Aug. 19, 2021 Order/Opinion
00515990757 21-40618	Emergency Motion Under Circuit Rule 27.3 for a Stay Pending Appeal Staet of Texas v. United States U.S. Court of Appeals for the Fifth Circuit	Aug. 23, 2021	Aug. 23, 2021 Pleading / Motion / Brief
00516015057 21-40618	Opinion State of Texas v. United States U.S. Court of Appeals for the Fifth Circuit	Sept. 15, 2021	Sept. 15, 2021 Order/Opinion
183 6:21-cv-00016	USCA Order U.S. Court of Appeals for the Fifth Circuit	Feb. 11, 2022	Feb. 11, 2022 Order/Opinion 2022 WL 517281
223 6:21-cv-00016	Post-Trial Brief United States v. Texas	March 18, 2022	March 18, 2022 Pleading / Motion / Brief
240 6:21-cv-00016	Memorandum Opinion and Order State of Texas v. United States of America	June 10, 2022	June 10, 2022 Order/Opinion 606 F.Supp.3d 437

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/59798105/state-of-texas-v-united-states-of-america/

Last updated March 18, 2026, 5:27 a.m.

ECF Number	Date	Description	Link
1	April 6, 2021	COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0541-26228826) filed by State of Louisiana, State of Texas. (Attachments: # 1 Exhibit A - Jan. 20, 2021 Memo, # 2 Exhibit B - Feb. 18, 2021 Memo, # 3 Exhibit C - Texas_DHS Agreement, # 4 Exhibit D - Louisiana_DHS Agreement, # 5 Civil Cover Sheet)(Sweeten, Patrick) (Entered: 04/06/2021) 1 Exhibit A - Jan. 20, 2021 Memo View on PACER 2 Exhibit B - Feb. 18, 2021 Memo View on RECAP 3 Exhibit C - Texas_DHS Agreement View on RECAP 4 Exhibit D - Louisiana_DHS Agreement View on PACER 5 Civil Cover Sheet View on PACER	Clearinghouse
2	April 9, 2021	Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Alejandro Mayorkas, Secretary of the United States Department of Homeland Security, in his official capacity, # 2 U. S. Department of Homeland Security, # 3 Troy Miller, Senior Official Performing the Duties of the Commissioner of U.S. Customs and Border Protection, in his official capacity, # 4 U.S. Customs and Border Protection, # 5 Tae Johnson, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity, # 6 U.S. Immigration and Customs Enforcement, # 7 Tracy Renaud, Senior Official Performing the Duties of the Director of the U.S. Citizenship and Immigration Services, in her official capacity, # 8 U.S. Citizenship and Immigration Services)(Sweeten, Patrick) (Entered: 04/09/2021) 1 Alejandro Mayorkas, Secretary of the United States Department of Homeland Secur View on RECAP 2 U. S. Department of Homeland Security View on PACER 3 Troy Miller, Senior Official Performing the Duties of the Commissioner of U.S. View on PACER 4 U.S. Customs and Border Protection View on PACER 5 Tae Johnson, Acting Director of U.S. Immigration and Customs Enforcement, in hi View on PACER 6 U.S. Immigration and Customs Enforcement View on PACER 7 Tracy Renaud, Senior Official Performing the Duties of the Director of the U.S. View on PACER 8 U.S. Citizenship and Immigration Services View on PACER	RECAP
3	April 9, 2021	ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/30/2021 at 11:00 AM before Judge Drew B Tipton(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 04/09/2021)	RECAP
4	April 12, 2021	Summons Issued as to Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by NEF, filed. (Attachments: # 1 Summons Issued - Mayorkas, # 2 Summons Issued - US Dept of Homeland Security, # 3 Summons Issued - Miller, # 4 Summons Issued - US Customs & Border, # 5 Summons Issued - Johnson, # 6 Summons Issued - US ICE, # 7 Summons Issued - Renaud, # 8 Summons Issed - US Citizenship & Immigration)(CarrieDickie, 6) (Entered: 04/12/2021) 1 Summons Issued - Mayorkas View on PACER 2 Summons Issued - US Dept of Homeland Security View on PACER 3 Summons Issued - Miller View on PACER 4 Summons Issued - US Customs & Border View on PACER 5 Summons Issued - Johnson View on PACER 6 Summons Issued - US ICE View on PACER 7 Summons Issued - Renaud View on PACER 8 Summons Issed - US Citizenship & Immigration View on PACER	RECAP
5	April 22, 2021	RETURN of Service of SUMMONS Executed as to United States of America served on 4/12/2021, answer due 6/11/2021, filed.(Sweeten, Patrick) (Entered: 04/22/2021)	RECAP
6	April 22, 2021	RETURN of Service of SUMMONS Executed as to Alejandro Mayorkas served on 4/12/2021, answer due 6/11/2021, filed.(Sweeten, Patrick) (Entered: 04/22/2021)	RECAP
7	April 22, 2021	RETURN of Service of SUMMONS Executed as to United States Department of Homeland Security served on 4/12/2021, answer due 6/11/2021, filed.(Sweeten, Patrick) (Entered: 04/22/2021)	RECAP
8	April 22, 2021	RETURN of Service of SUMMONS Executed as to Troy Miller served on 4/12/2021, answer due 6/11/2021, filed.(Sweeten, Patrick) (Entered: 04/22/2021)	RECAP
9	April 22, 2021	RETURN of Service of SUMMONS Executed as to U.S. Customs and Border Protection served on 4/12/2021, answer due 6/11/2021, filed.(Sweeten, Patrick) (Entered: 04/22/2021)	RECAP
10	April 22, 2021	RETURN of Service of SUMMONS Executed as to Tae Johnson served on 4/12/2021, answer due 6/11/2021, filed.(Sweeten, Patrick) (Entered: 04/22/2021)	RECAP
11	April 22, 2021	RETURN of Service of SUMMONS Executed as to U.S. Immigration and Customs Enforcement served on 4/12/2021, answer due 6/11/2021, filed.(Sweeten, Patrick) (Entered: 04/22/2021)	RECAP
12	April 22, 2021	RETURN of Service of SUMMONS Executed as to Tracy Renaud served on 4/12/2021, answer due 6/11/2021, filed.(Sweeten, Patrick) (Entered: 04/22/2021)	RECAP
13	April 22, 2021	RETURN of Service for U S Citizenship and Immigration Services filed.(Sweeten, Patrick)( Per Attorney filed in error) Modified on 4/23/2021 (mmapps, 4). (Entered: 04/22/2021)	RECAP
14	April 26, 2021	MOTION for Elizabeth Murrill to Appear Pro Hac Vice by State of Louisiana, filed. Motion Docket Date 5/17/2021. (BrittanyFoil, 6) (Entered: 04/26/2021)	RECAP
15	April 26, 2021	MOTION for Joseph St. John to Appear Pro Hac Vice by State of Louisiana, filed. Motion Docket Date 5/17/2021. (BrittanyFoil, 6) (Entered: 04/26/2021)	RECAP
16	April 27, 2021	RETURN of Service, filed.(Sweeten, Patrick) (Entered: 04/27/2021)	RECAP
17	April 27, 2021	Unopposed MOTION for Leave to File Excess Pages by State of Louisiana, State of Texas, filed. Motion Docket Date 5/18/2021. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 04/27/2021)	RECAP
18	April 27, 2021	MOTION for Preliminary Injunction by State of Louisiana, State of Texas, filed. Motion Docket Date 5/18/2021. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 04/27/2021) 1 Proposed Order View on PACER	RECAP
19	April 27, 2021	APPENDIX re: 18 MOTION for Preliminary Injunction by State of Louisiana, State of Texas, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W)(Sweeten, Patrick) (Entered: 04/27/2021) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER 16 Exhibit P View on PACER 17 Exhibit Q View on PACER 18 Exhibit R View on PACER 19 Exhibit S View on PACER 20 Exhibit T View on PACER 21 Exhibit U View on PACER 22 Exhibit V View on PACER 23 Exhibit W View on PACER	RECAP
20	April 30, 2021	ORDER granting 15 Motion for Joseph Scott St. John to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(grogan, 2) (Entered: 05/03/2021)	RECAP
21	April 30, 2021	ORDER granting 14 Motion for Elizabeth Baker Murrill to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(grogan, 2) (Entered: 05/03/2021)	RECAP
22	May 6, 2021	NOTICE of Appearance by Walter S. Zimolong on behalf of Advocates for Victims of Illegal Alien Crime, filed. (Zimolong, Walter) (Entered: 05/06/2021)	RECAP
23	May 10, 2021	MOTION for Leave to File Amicus Brief by Advocates for Victims of Illegal Alien Crime, filed. Motion Docket Date 6/1/2021. (Attachments: # 1 Exhibit proposed amicus brief, # 2 Proposed Order)(Zimolong, Walter) (Entered: 05/10/2021) 1 Exhibit proposed amicus brief View on RECAP 2 Proposed Order View on RECAP	RECAP
24	May 10, 2021	ORDER granting 23 Motion for Leave to File Amicus Brief in Support of the State of Texas and State of Louisiana.(Signed by Judge Drew B Tipton) Parties notified.(vrios, 2) (Entered: 05/11/2021)	RECAP
25	May 11, 2021	BRIEF In Support re: 18 MOTION for Preliminary Injunction by Advocates for Victims of Illegal Alien Crime, filed.(Zimolong, Walter) (Entered: 05/11/2021)	RECAP
26	May 12, 2021	NOTICE of Appearance by Daniel D. Hu on behalf of Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Hu, Daniel) (Entered: 05/12/2021)	RECAP
27	May 12, 2021	MOTION for Adam Kirschner to Appear Pro Hac Vice by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. Motion Docket Date 6/2/2021. (Hu, Daniel) (Entered: 05/12/2021)	RECAP
28	May 12, 2021	MOTION for Brian C. Rosen-Shaud to Appear Pro Hac Vice by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. Motion Docket Date 6/2/2021. (Hu, Daniel) (Entered: 05/12/2021)	RECAP
29	May 12, 2021	MOTION for Kuntal Cholera to Appear Pro Hac Vice by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. Motion Docket Date 6/2/2021. (Hu, Daniel) (Entered: 05/12/2021)	RECAP
30	May 12, 2021	MOTION for Michael F. Knapp to Appear Pro Hac Vice by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. Motion Docket Date 6/2/2021. (Hu, Daniel) (Entered: 05/12/2021)	RECAP
31	May 13, 2021	ORDER granting 29 Motion for Kuntal Cholera to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(vrios, 2) (Entered: 05/13/2021)	RECAP
32	May 13, 2021	ORDER granting 28 Motion for Brian C. Rosen-Shaud to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(vrios, 2) (Entered: 05/13/2021)	RECAP
33	May 13, 2021	ORDER granting 27 Motion for Adam Kirschner to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(vrios, 2) (Entered: 05/13/2021)	RECAP
34	May 13, 2021	ORDER granting 30 Motion for Michael F. Knapp to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(vrios, 2) (Entered: 05/13/2021)	RECAP
38	May 14, 2021	MOTION for Matt Crapo to Appear Pro Hac Vice by Immigration Reform Law Institute, filed. Motion Docket Date 6/4/2021. (BrittanyFoil, 6) (Entered: 05/18/2021)	RECAP
39	May 14, 2021	MOTION for Leave to File a Memorandum of Law as Amicus Curiae in Support of Plaintiffs' Motion for a Preliminary Injunction by Immigration Reform Law Institute, filed. Motion Docket Date 6/4/2021. (Attachments: # 1 Proposed Order, # 2 Memorandum of Law, # 3 Cover Letter, # 4 Envelope)(BrittanyFoil, 6) (Entered: 05/18/2021) 1 Proposed Order View on PACER 2 Memorandum of Law View on RECAP 3 Cover Letter View on PACER 4 Envelope View on PACER	RECAP
	May 14, 2021	Minute Entry for proceedings held before Judge Drew B Tipton. STATUS CONFERENCE held on 5/14/2021. Status of the case discussed. Status Report to be submitted to the Court by 6/14/2021 Appearances:Cody Wofsy, Kathryn Huddleston. Adam David Kirschner, Daniel David Hu, Patrick K Sweeten, William Thomas Thompson.(Digital # 9:01-9:08)(ERO:Nicole Tirado), filed.(KelliePapaioannou, 2)
	May 14, 2021	DISREGARD Minute Entry Docketed in Error. Minute Entry for proceedings held before Judge Drew B Tipton. STATUS CONFERENCE held on 5/14/2021. Status of the case discussed. Status Report to be submitted to the Court by 6/14/2021 Appearances:Cody Wofsy, Kathryn Huddleston. Adam David Kirschner, Daniel David Hu, Patrick K Sweeten, William Thomas Thompson.(Digital # 9:01-9:08)(ERO:Nicole Tirado), filed.(KelliePapaioannou, 2)
	May 15, 2021	Status Conference
35	May 17, 2021	NOTICE of Appearance by Adam Kirschner on behalf of Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Kirschner, Adam) (Entered: 05/17/2021)	RECAP
36	May 17, 2021	NOTICE of Appearance by Brian C. Rosen-Shaud on behalf of Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Rosen-Shaud, Brian) (Entered: 05/17/2021)	RECAP
37	May 17, 2021	Unopposed MOTION for Leave to File Excess Pages by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. Motion Docket Date 6/7/2021. (Attachments: # 1 Proposed Order)(Kirschner, Adam) (Entered: 05/17/2021)	RECAP
40	May 18, 2021	ORDER granting 37 Motion for Leave to File Excess Pages; granting 17 Motion for Leave to File Excess Pages.(Signed by Judge Drew B Tipton) Parties notified.(fcarbia, 2) (Entered: 05/18/2021)	RECAP
41	May 18, 2021	Unopposed MOTION to Supplement Declaration of Jason Clark in Support of Plaintiffs' Motion for Preliminary Injunction as to 18 MOTION for Preliminary Injunction by State of Louisiana, State of Texas, filed. Motion Docket Date 6/8/2021. (Attachments: # 1 Supplemental Declaration of Jason Clark in Support of Plaintiffs' Motion for Preliminary Injunction, # 2 Proposed Order)(Sweeten, Patrick) (Entered: 05/18/2021)	RECAP
42	May 18, 2021	RESPONSE in Opposition to 18 MOTION for Preliminary Injunction, filed by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Proposed Order)(Kirschner, Adam) (Entered: 05/18/2021) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Proposed Order View on PACER	Clearinghouse
43	May 19, 2021	ORDER granting 38 Motion for Matt A. Crapo to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(amartinez, 2) (Entered: 05/19/2021)	RECAP
44	May 19, 2021	Unopposed MOTION for Leave to File Amicus Brief by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. Motion Docket Date 6/9/2021. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Huddleston, Kathryn) (Entered: 05/19/2021) 1 Proposed Amicus Brief View on PACER 2 Proposed Order View on PACER	RECAP
45	May 19, 2021	ORDER granting 41 Unopposed MOTION to Supplement Declaration of Jason Clark in Support of Plaintiffs' Motion for Preliminary Injunction as to 18 MOTION for Preliminary Injunction (Signed by Judge Drew B Tipton) Parties notified.(legarza, 2) (Entered: 05/20/2021)	RECAP
46	May 19, 2021	SUPPLEMENTAL DECLARATION of JASON CLARK IN SUPPORT OF PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION RE DE 45, 41 AND 18, filed.(legarza, 2) (Entered: 05/20/2021)	RECAP
47	May 21, 2021	ORDER granting 44 Motion for Leave to File; granting 39 Motion for leave to file.(Signed by Judge Drew B Tipton) Parties notified.(fcarbia, 2) . (Entered: 05/24/2021)	RECAP
48	May 24, 2021	MEMORANDUM OF LAW OF IMMIGRATION REFORM LAW INSTITUTE AS AMICUS CURIAE IN SUPPORT OF PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION re: 47 Order on Motion for Leave to File, 39 MOTION for Leave to File File a Memorandum of Law as Amicus Curiae in Support of Plaintiffs' Motion for a Preliminary Injunction by Immigration Reform Law Institute, filed.(fcarbia, 2) (Entered: 05/24/2021)	RECAP
49	May 24, 2021	BRIEF OF AMICI CURIAE FIEL HOUSTON AND RAICES re: 44 Unopposed MOTION for Leave to File Amicus Brief, 18 MOTION for Preliminary Injunction, 47 Order on Motion for Leave to File by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed.(fcarbia, 2) (Entered: 05/24/2021)	RECAP
50	May 25, 2021	Unopposed MOTION for Leave to File Excess Pages by State of Louisiana, State of Texas, filed. Motion Docket Date 6/15/2021. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 05/25/2021)	RECAP
51	May 25, 2021	REPLY in Support of 18 MOTION for Preliminary Injunction, filed by State of Louisiana, State of Texas. (Sweeten, Patrick) (Entered: 05/25/2021)	RECAP
52	May 27, 2021	MOTION for Spencer Amdur to Appear Pro Hac Vice by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. Motion Docket Date 6/17/2021. (Amdur, Spencer) (Entered: 05/27/2021)	RECAP
53	May 27, 2021	ORDER granting 52 Motion for Spencer Amdur to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(JessieHutchinson, 2) (Entered: 05/27/2021)	RECAP
54	June 7, 2021	Unopposed MOTION for Extension of Time to file Response to Complaint by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. Motion Docket Date 6/28/2021. (Attachments: # 1 Proposed Order)(Kirschner, Adam) (Entered: 06/07/2021) 1 Proposed Order View on PACER	RECAP
55	June 7, 2021	ORDER granting 54 Unopposed MOTION for Extension of Time to file Response to Complaint (Signed by Judge Drew B Tipton) Parties notified.(amireles, 2) (Entered: 06/08/2021)	RECAP
56	June 16, 2021	Joint MOTION to Vacate 3 Order for Initial Conference and Disclosure by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. Motion Docket Date 7/7/2021. (Attachments: # 1 Proposed Order)(Kirschner, Adam) (Entered: 06/16/2021) 1 Proposed Order View on RECAP	RECAP
57	June 17, 2021	NOTICE of Supplemental Authority re: 42 Response in Opposition to Motion,, by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Attachments: # 1 Exhibit California v. Texas)(Knapp, Michael) (Entered: 06/17/2021)	RECAP
58	June 21, 2021	ORDER Granting 39 Motion for Leave to File; Granting 50 Motion for Leave to File Excess Pages; Granting 56 Motion to Vacate.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 06/22/2021)	RECAP
	June 21, 2021	Initial Pretrial and Scheduling Conference is terminated. (KelliePapaioannou, 2)
59	June 22, 2021	*DUPLICATE ENTRY- SEE DE 48 MEMORANDUM IN SUPPORT re: 18 MOTION for Preliminary Injunction by Immigration Reform Law Institute, filed.(KelliePapaioannou, 2) (Entered: 06/22/2021)	RECAP
	June 22, 2021	Terminate Deadlines (PUBLIC ENTRY)
60	June 23, 2021	RESPONSE to 57 Notice (Other), of Supplemental Authority, filed by State of Louisiana, State of Texas. (Sweeten, Patrick) (Entered: 06/23/2021)	RECAP
61	June 24, 2021	NOTICE TO THE PARTIES The Court Orders Responses due by 6/28/2021.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 06/24/2021)	RECAP
62	June 28, 2021	RESPONSE to 61 Order, filed by State of Louisiana, State of Texas. (Sweeten, Patrick) (Entered: 06/28/2021)	RECAP
63	June 28, 2021	ADVISORY by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed.(Kirschner, Adam) (Entered: 06/28/2021)	RECAP
64	June 29, 2021	NOTICE of Setting. Parties notified. Status Conference set for 7/2/2021 at 10:00 AM in by video before Judge Drew B Tipton, filed. All Parties to Appear by Zoom.https://www.zoomgov.com/j/1610920716?pwd=Y0ErUzJIcmNOUWtFUTlXZTFEUmZ1Zz09 Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) + Meeting ID: 161 092 0716 Passcode: 848706Per L.R. 83.7 Except by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted. (KelliePapaioannouadi, 2) (Entered: 06/29/2021)	RECAP
65	June 30, 2021	NOTICE of Supplemental Authority re: 42 Response in Opposition to Motion,, by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Attachments: # 1 Exhibit Arizona District Court Decision)(Kirschner, Adam) (Entered: 06/30/2021) 1 Exhibit Arizona District Court Decision View on PACER	RECAP
66	July 1, 2021	NOTICE of Supplemental Authority by State of Louisiana, State of Texas, filed. (Attachments: # 1 Exhibit)(Sweeten, Patrick) (Entered: 07/01/2021) 1 Exhibit View on PACER	RECAP
67	July 2, 2021	RESPONSE to 66 Notice (Other), filed by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America. (Kirschner, Adam) (Entered: 07/02/2021)	RECAP
	July 2, 2021	Minute Entry for proceedings held before Judge Drew B Tipton. STATUS CONFERENCE held on 7/2/2021. The parties agreed on the record that no additional discovery needs to take place prior to the resolution of the Preliminary Injunction. No party is requesting the Administrative Record to be filed prior to the resolution of the Preliminary Injunction. Parties will inform the Court as to whether an evidentiary hearing is appropriate by the close of business Friday, July 9, 2021. Appearances: Adam David Kirschner, Daniel David Hu, Joseph Scott StJohn, William Thomas Thompson.(Digital # 10:02-10:17)(ERO:Jessie Hutchinson), filed.(KelliePapaioannou, 2)
68	July 6, 2021	RESPONSE to 65 Notice (Other), of Supplemental Authority, filed by State of Louisiana, State of Texas. (Sweeten, Patrick) (Entered: 07/06/2021)	RECAP
69	July 9, 2021	ADVISORY by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed.(Kirschner, Adam) (Entered: 07/09/2021)	RECAP
70	July 9, 2021	RESPONSE to Status Conference,, specifically the Court's Question about a Hearing, filed by State of Louisiana, State of Texas. (Sweeten, Patrick) (Entered: 07/09/2021)	RECAP
71	July 12, 2021	MOTION to Consolidate Lead Case No. 6:21-cv-00016 and Member Case No. 3:21-cv-00168, MOTION to Stay Pending Consideration of Next Steps ( Motion Docket Date 8/2/2021.) by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Attachments: # 1 Proposed Order)(Kirschner, Adam) (Entered: 07/12/2021) 1 Proposed Order View on PACER	RECAP
72	July 12, 2021	MOTION to Expedite Briefing on Motion to Consolidate, Motion to Stay by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. Motion Docket Date 8/2/2021. (Attachments: # 1 Proposed Order)(Kirschner, Adam) (Entered: 07/12/2021)	RECAP
73	July 15, 2021	RESPONSE in Opposition to 71 MOTION to Consolidate Lead Case No. 6:21-cv-00016 and Member Case No. 3:21-cv-00168 MOTION to Stay Pending Consideration of Next Steps, filed by Brad Coe. (Attachments: # 1 Affidavit Affidavit of Brad Coe, # 2 Coe Plaintiffs' Motion for Preliminary Injunction)(Kobach, Kris) (Entered: 07/15/2021)	RECAP
74	July 16, 2021	RESPONSE in Opposition to 71 MOTION to Consolidate Lead Case No. 6:21-cv-00016 and Member Case No. 3:21-cv-00168 MOTION to Stay Pending Consideration of Next Steps, filed by State of Louisiana, State of Texas. (Sweeten, Patrick) (Entered: 07/16/2021)	RECAP
75	July 26, 2021	ORDER Denying 71 Motion to Consolidate Cases; Denying as moot 72 Motion to Expedite.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2)	Clearinghouse
76	Aug. 16, 2021	NOTICE of Supplemental Authority by State of Louisiana, State of Texas, filed. (Attachments: # 1 Exhibit 2:21-cv-67 Memorandum Opinion and Order, # 2 Exhibit 1:18-cv-68 Memorandum and Order, # 3 Exhibit 1:18-cv-68 Order of Permanent Injunction)(Sweeten, Patrick) (Entered: 08/16/2021) 1 Exhibit 2:21-cv-67 Memorandum Opinion and Order View on RECAP 2 Exhibit 1:18-cv-68 Memorandum and Order View on PACER 3 Exhibit 1:18-cv-68 Order of Permanent Injunction View on PACER	RECAP
77	Aug. 18, 2021	RESPONSE to 76 Notice (Other),, filed by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America. (Kirschner, Adam) (Entered: 08/18/2021)	RECAP
78	Aug. 18, 2021	NOTICE of Supplemental Authority by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Attachments: # 1 Exhibit A- Arizona District Court Order, # 2 Exhibit B- Arizona Ninth Circuit Order)(Kirschner, Adam) (Entered: 08/18/2021) 1 Exhibit A- Arizona District Court Order View on PACER 2 Exhibit B- Arizona Ninth Circuit Order View on PACER	RECAP
79	Aug. 19, 2021	MEMORANDUM OPINION AND ORDER Granting 18 MOTION for Preliminary Injunction. (Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2)	Clearinghouse
80	Aug. 19, 2021	NOTICE of Setting. Parties notified. Status Conference set for 8/23/2021 at 03:15 PM by video before Judge Drew B Tipton, filed. All Parties to appear by ZOOM. Zoom link will be emailed to parties. All other participants may use the dial in instructions: Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) + Meeting ID: 160 174 7810 Passcode: 955939. Per L.R. 83.7 Except by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted. (KelliePapaioannouadi, 2) (Entered: 08/19/2021)	RECAP
81	Aug. 20, 2021	NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 79 Preliminary Injunction by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Kirschner, Adam) (Entered: 08/20/2021)	RECAP
82	Aug. 20, 2021	Opposed MOTION to Stay Preliminary Injunction by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. Motion Docket Date 9/10/2021. (Attachments: # 1 Affidavit Peter Berg, # 2 Proposed Order)(Kirschner, Adam) (Entered: 08/20/2021) 1 Affidavit Peter Berg View on PACER 2 Proposed Order View on PACER	RECAP
83	Aug. 21, 2021	NOTICE of Resetting. Parties notified. Status Conference reset for 8/23/2021 at 09:00 AM by video before Judge Drew B Tipton, filed. (KelliePapaioannou, 2) (Entered: 08/21/2021)	RECAP
84	Aug. 21, 2021	ORDER FOR EXPEDITED BRIEFING The Court requests that a response to 82 Emergency Motion for Administrative Stay and Stay Pending Appeal be filed on or before August 22, 2021, at 12:00 p.m.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 08/21/2021)	RECAP
85	Aug. 22, 2021	RESPONSE in Opposition to 82 Opposed MOTION to Stay Preliminary Injunction, filed by State of Louisiana, State of Texas. (Attachments: # 1 Exhibit A: Homan Declaration, # 2 Exhibit B: Article on Detention)(Sweeten, Patrick) (Entered: 08/22/2021) 1 Exhibit A: Homan Declaration View on PACER 2 Exhibit B: Article on Detention View on PACER	RECAP
86	Aug. 22, 2021	REPLY in Support of 82 Opposed MOTION to Stay Preliminary Injunction, filed by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America. (Kirschner, Adam) (Entered: 08/22/2021)	RECAP
87	Aug. 23, 2021	NOTICE of Supplemental Declaration re: 82 Opposed MOTION to Stay Preliminary Injunction by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Attachments: # 1 Affidavit Burke)(Kirschner, Adam) (Entered: 08/23/2021) 1 Affidavit Burke View on RECAP	RECAP
88	Aug. 23, 2021	AO 435 TRANSCRIPT REQUEST by State of Texas for Transcript of Status conference/Hearing on Emergency Motion for Administrative Stay and Stay Pending Appeal; 08/23/21; Hon. Drew B. Tipton. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Sweeten, Patrick) Electronically forwarded to JTT on 8/23/2021 (grogan, 2). (Entered: 08/23/2021)	RECAP
89	Aug. 23, 2021	Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 81 Notice of Appeal, 82 Opposed MOTION to Stay Preliminary Injunction. Fee status: Not Due - U.S. government agency. Reporter(s): ERO/Jessie Hutchinson, Unknown, filed. (CarrieDickie, 6) Modified on 8/23/2021 (CarrieDickie, 6). (Additional attachment(s) added on 8/24/2021: # 1 Notice of Appeal) (CarrieDickie, 6). (Entered: 08/23/2021) 1 Notice of Appeal View on RECAP	RECAP
90	Aug. 23, 2021	ORDER Granting in Part 82 Motion to Stay.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2)	RECAP
91	Aug. 23, 2021	AO 435 TRANSCRIPT REQUEST by Daniel D. Hu for Transcript of Status Conference, 8/23/2021, Judge Tipton. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Hu, Daniel) Electronically forwarded to JTT on 8/23/2021 (grogan, 2). (Entered: 08/23/2021)	RECAP
92	Aug. 23, 2021	ORDER (Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2)	RECAP
	Aug. 23, 2021	Appeal Review Notes re: 81 Notice of Appeal,. Fee status: GOV. The appellant is a U.S. government agency, and no fee is required.Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed.(CarrieDickie, 6)
	Aug. 23, 2021	Notice of Assignment of USCA No. 21-40618 re: 81 Notice of Appeal, filed.(CarrieDickie, 6)

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Case Details

State / Territory:

Texas

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: April 6, 2021

Closing Date: Aug. 23, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Texas and Louisiana

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Citizenship and Immigration Services

U.S. Customs and Border Protection

U.S. Department of Homeland Security

U.S. Immigration and Customs Enforcement

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Other Dockets:

Southern District of Texas 6:21-cv-00016

U.S. Court of Appeals for the Fifth Circuit 21-40618

Supreme Court of the United States 22-58

U.S. Court of Appeals for the Fifth Circuit 22-40367

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Content of Injunction:

National / Universal injunction

Preliminary relief granted

Reporting

Issues

Immigration/Border:

Detention - procedures

Recommended Citation

Case Summary of Texas v. United States, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/18106/ (last updated 4/3/2025).