State of Texas v. Biden

DocketCOURT ORDER denying Motion to stay issuance of the mandate filed by Appellants USA, DHS, ICE, United States Customs and Border Protection, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Joseph R. Biden, Jr., United States Citizenship and Immigration Services and Ur M. Jaddou, Director of U.S. Citizenship and Immigration Services [ # 9760757-2 ] Mandate issue date is 02/03/2022 [21-10806] (LLL) [Entered: 01/26/2022 08:32 AM]

DocketOPPOSED MOTION to stay issuance of the mandate [9760757-2] Mandate issue date canceled.. [21-10806] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellants Mr. Joseph R. Biden, Jr., DHS, ICE, Ur M. Jaddou, Director of U.S. Citizenship and Immigration Services, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, United States Citizenship and Immigration Services, United States Customs and Border Protection and USA to stay issuance of the mandate [9760757-2]. Date of service: 01/21/2022 via email - Attorney for Amici Curiae: Bookey, Crapo, Fisher, Stone, Wofsy; Attorney for Appellants: Darrow, Reuveni, Stoltz, Ward; Attorney for Appellees: Osete, Pettit, Sauer, Stone, Thompson, Wilson [21-10806] (Joseph Anton Darrow ) [Entered: 01/21/2022 05:18 PM]

DocketSUPREME COURT NOTICE that petition for writ of certiorari [9745385-2] was filed by Appellants Mr. Joseph R. Biden, Jr., Ur M. Jaddou, Director of U.S. Citizenship and Immigration Services, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, United States Citizenship and Immigration Services, United States Customs and Border Protection, DHS, ICE and USA on 12/29/2021. Supreme Court Number: 21-954. [21-10806] (SMC) [Entered: 12/30/2021 02:38 PM]

DocketTECHNICAL REVISION MADE TO OPINION. [9733213-2] [21-10806] (NFD) [Entered: 12/21/2021 02:50 PM]

DocketJUDGMENT ENTERED AND FILED. Costs Taxed Against: Each Party Bear Its Own Costs on Appeal. [21-10806] (NFD) [Entered: 12/14/2021 01:10 PM]

DocketPUBLISHED OPINION FILED. [21-10806 Affirmed ] Judge: RHB , Judge: KDE , Judge: ASO. Mandate issue date is 02/04/2022; denying Motion to vacate the decision of the district court filed by Appellants USA, DHS, ICE, United States Customs and Border Protection, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Ms. Tracy Renaud, Mr. Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Joseph R. Biden, Jr. and United States Citizenship and Immigration Services [ # 9701240-2 ]; denying Motion to remand case filed by Appellants USA, DHS, ICE, United States Customs and Border Protection, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Ms. Tracy Renaud, Mr. Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Joseph R. Biden, Jr. and United States Citizenship and Immigration Services [ # 9701240-3 ]; denying Motion for limited remand filed by Appellants USA, DHS, ICE, United States Customs and Border Protection, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Ms. Tracy Renaud, Mr. Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Joseph R. Biden, Jr. and United States Citizenship and Immigration Services [ # 9701240-4 ] [21-10806] (This opinion includes URL material that is archived by the Fifth Circuit Court of Appeals Library, and made available at http://www.lb5.uscourts.gov/ArchivedURLS/.) (NFD) [Entered: 12/13/2021 08:16 PM]

DocketORAL ARGUMENT HEARD before Judges Barksdale, Engelhardt, Oldham. Arguing Person Information Updated for: Brian Christopher Ward arguing for Appellant Joseph R. Biden, Jr., Appellant Director of U.S. Citizenship and Immigration Services Jaddou, Ur M., Appellant Acting Director Johnson, U.S. Immigration and Customs Enforcement, Appellant Secretary Mayorkas, U.S. Department of Homeland Security, Appellant Acting Commissioner Miller, U.S. Customs and Border Protection, Appellant United States Citizenship and Immigration Services, Appellant United States Customs and Border Protection, Appellant United States Department of Homeland Security, Appellant United States Immigration and Customs Enforcement; Arguing Person Information Updated for: Benjamin D. Wilson arguing for Appellee State of Texas [21-10806] (PFT) [Entered: 11/02/2021 02:55 PM]

DocketREPLY filed by Appellants Mr. Joseph R. Biden, Jr., DHS, ICE, Ur M. Jaddou, Director of U.S. Citizenship and Immigration Services, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, United States Citizenship and Immigration Services, United States Customs and Border Protection and USA [9702554-1] to the Motion to vacate the decision of the district court filed by Appellants Mr. Joseph R. Biden, Jr., DHS, ICE, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, Ms. Tracy Renaud, United States Citizenship and Immigration Services, United States Customs and Border Protection and USA [ # 9701240-2 ], to the Motion to remand case filed by Appellants Mr. Joseph R. Biden, Jr., DHS, ICE, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, Ms. Tracy Renaud, United States Citizenship and Immigration Services, United States Customs and Border Protection and USA [ # 9701240-3 ], to the Motion for extraordinary relief filed by Appellants Mr. Joseph R. Biden, Jr., DHS, ICE, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, Ms. Tracy Renaud, United States Citizenship and Immigration Services, United States Customs and Border Protection and USA [ # 9701240-4 ], to the Response/Opposition filed by Appellees State of Texas and State of Missouri [ # 9702017-2 ]. Date of Service: 11/01/2021 via email - Attorney for Amici Curiae: Bookey, Crapo, Fisher, Stone, Wofsy; Attorney for Appellants: Darrow, Reuveni, Stoltz, Ward; Attorney for Appellees: Osete, Pettit, Sauer, Stone, Thompson, Wilson. [21-10806] (Erez Reuveni ) [Entered: 11/01/2021 06:29 PM]

DocketAMENDED COURT ORDER carrying with the case Motion to vacate the decision of the district court filed by Appellants USA, DHS, ICE, United States Customs and Border Protection, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Ms. Tracy Renaud, Mr. Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Joseph R. Biden, Jr. and United States Citizenship and Immigration Services [ # 9701240-2 ]; carrying with the case Motion to remand case filed by Appellants USA, DHS, ICE, United States Customs and Border Protection, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Ms. Tracy Renaud, Mr. Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Joseph R. Biden, Jr. and United States Citizenship and Immigration Services [ # 9701240-3 ]; carrying with the case Motion for limited remand filed by Appellants USA, DHS, ICE, United States Customs and Border Protection, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Ms. Tracy Renaud, Mr. Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Joseph R. Biden, Jr. and United States Citizenship and Immigration Services [ # 9701240-4 ] [21-10806] (LLL) [Entered: 11/01/2021 02:50 PM]

DocketCASE CAPTION updated. Appellant Tracy Renaud in 21-10806 substituted by Appellant Ur M. Jaddou, Director of U.S. Citizenship and Immigration Services in 21-10806 [21-10806] (LLL) [Entered: 11/01/2021 01:41 PM]

DocketAPPEARANCE FORM FILED by Attorney Brian Christopher Ward for Appellant United States Citizenship and Immigration Services in 21-10806, Attorney Brian Christopher Ward for Appellant Tracy Renaud in 21-10806, Attorney Brian Christopher Ward for Appellant ICE in 21-10806, Attorney Brian Christopher Ward for Appellant Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement in 21-10806, Attorney Brian Christopher Ward for Appellant United States Customs and Border Protection in 21-10806, Attorney Brian Christopher Ward for Appellant Troy Miller, Acting Commissioner, U.S. Customs and Border Protection in 21-10806, Attorney Brian Christopher Ward for Appellant DHS in 21-10806, Attorney Brian Christopher Ward for Appellant Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security in 21-10806, Attorney Brian Christopher Ward for Appellant USA in 21-10806, Attorney Brian Christopher Ward for Appellant Joseph R. Biden Jr. in 21-10806 [21-10806] (LLL) [Entered: 08/18/2021 08:39 AM]

DocketMOTION by Not Parties American Immigration Council, American Immigration Lawyers Association, Catholic Legal Immigration Network, Incorporated, Center for Gender & Refugee Studies, Human Rights First, Justice Action Center, National Immigration Law Center, Round Table of Former Immigration Judges and Southern Poverty Law Center to file amicus brief [9645577-2] Date of Service: 08/17/2021 [21-10806] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION by Amici Curiae Non-Profit Organizations and Former Immigration Judges to file amicus brief [9645577-2] Date of service: 08/17/2021 via email - Attorney for Appellants: Darrow, Reuveni, Stoltz, Ward; Attorney for Appellees: Sauer, Thompson [21-10806] (Blaine Bookey ) [Entered: 08/17/2021 11:33 PM]

DocketMOTION by Not Parties American Civil Liberties Union and American Civil Liberties Union of Texas to file amicus brief in support of motion for stay [9645574-2] Date of Service: 08/17/2021 [21-10806] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION by American Civil Liberties Union and American Civil Liberties Union of Texas to file amicus brief [9645574-2] Date of service: 08/17/2021 via email - Attorney for Appellants: Darrow, Reuveni, Stoltz, Ward; Attorney for Appellees: Sauer, Thompson [21-10806] (Cody Wofsy ) [Entered: 08/17/2021 09:54 PM]

DocketCOURT DIRECTIVE ISSUED requesting a response to the Motion for stay pending appeal filed by Appellants USA, DHS, ICE, United States Customs and Border Protection, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Ms. Tracy Renaud, Mr. Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Joseph R. Biden, Jr. and United States Citizenship and Immigration Services in 21-10806 [ # 9645525-2 ], Motion to stay order filed by Appellants USA, DHS, ICE, United States Customs and Border Protection, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Ms. Tracy Renaud, Mr. Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Joseph R. Biden, Jr. and United States Citizenship and Immigration Services in 21-10806 [ # 9645525-3 ], Motion for extraordinary relief filed by Appellants USA, DHS, ICE, United States Customs and Border Protection, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Ms. Tracy Renaud, Mr. Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Joseph R. Biden, Jr. and United States Citizenship and Immigration Services in 21-10806 [ # 9645525-4 ] Response/Opposition due on 08/18/2021. [21-10806] (CBW) [Entered: 08/17/2021 06:42 PM]

DocketEXHIBITS IN SUPPORT of Motion for stay pending appeal [ # 9645525-2 ] Date of Service: 08/17/2021 [21-10806] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants Mr. Joseph R. Biden, Jr., DHS, ICE, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, Ms. Tracy Renaud, United States Citizenship and Immigration Services and United States Customs and Border Protection. Date of service: 08/17/2021 via email - Attorney for Appellants: Darrow, Reuveni, Stoltz, Ward; Attorney for Appellees: Sauer, Thompson; US mail - Attorney for Appellant: Darrow [21-10806] (Brian Christopher Ward ) [Entered: 08/17/2021 05:13 PM]

DocketOPPOSED MOTION for stay pending appeal [9645525-2] Ruling is requested by: 08/19/2021, to stay order of the Northern District of Texas dated 08/13/2021 [9645525-3], stay district court proceedings for at least 7 days [9645525-4]. Date of service: 08/17/2021 [21-10806] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellants Mr. Joseph R. Biden, Jr., DHS, ICE, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, Ms. Tracy Renaud, United States Citizenship and Immigration Services, United States Customs and Border Protection and USA for stay pending appeal [9645525-2] Ruling is requested by: 08/19/2021. Date of service: 08/17/2021 via email - Attorney for Appellants: Darrow, Reuveni, Stoltz, Ward; Attorney for Appellees: Sauer, Thompson; US mail - Attorney for Appellant: Darrow [21-10806] (Brian Christopher Ward ) [Entered: 08/17/2021 04:53 PM]

DocketAPPEARANCE FORM for the court's review. Lead Counsel? Yes. [21-10806] (Erez Reuveni ) [Entered: 08/17/2021 07:44 AM]

DocketAPPEARANCE FORM received from Mr. Brian Christopher Ward for Mr. Joseph R. Biden, Jr., Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, Ms. Tracy Renaud, United States Citizenship and Immigration Services, United States Customs and Border Protection, DHS, ICE and USA for the court's review. Lead Counsel? Yes. [21-10806] (Brian Christopher Ward ) [Entered: 08/16/2021 06:44 PM]

DocketINITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [9643947-2] Initial AA Check Due satisfied.. Transcript order due on 08/31/2021 for Appellants Joseph R. Biden Jr., Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, Tracy Renaud, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement and United States of America [21-10806] (MVM) [Entered: 08/16/2021 01:55 PM]

DocketUS CIVIL CASE docketed. NOA filed by Appellants Mr. Joseph R. Biden, Jr., Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, Ms. Tracy Renaud, United States Citizenship and Immigration Services, United States Customs and Border Protection, DHS, ICE and USA [21-10806] (MVM) [Entered: 08/16/2021 12:58 PM]