Case: Texas & Missouri v. United States

2:21-cv-00067 | U.S. District Court for the Northern District of Texas

Filed Date: April 13, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the Biden Administration's termination of the Trump-era "Remain in Mexico" policy, Migrant Protection Protocols (MPP), which required individuals at the U.S.-Mexico border to wait in Mexico pending adjudication of their immigration claims. On President Biden's first day in office, January 20, 2021, the federal government suspended new enrollments in the program, functionally suspending MPP. A few months later, on April 13, 2021, the states of Texas and Missouri filed this l…

This is a case about the Biden Administration's termination of the Trump-era "Remain in Mexico" policy, Migrant Protection Protocols (MPP), which required individuals at the U.S.-Mexico border to wait in Mexico pending adjudication of their immigration claims. On President Biden's first day in office, January 20, 2021, the federal government suspended new enrollments in the program, functionally suspending MPP. A few months later, on April 13, 2021, the states of Texas and Missouri filed this lawsuit in the U.S. District Court for the Northern District of Texas. The plaintiffs sued President Biden, the Department of Homeland Security (DHS), Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and Citizenship and Immigration Services (USCIS), under the Administrative Procedure Act (APA), the Immigration and Nationality Act (INA). The plaintiffs sought declaratory and injunctive relief, as well as attorneys' fees. The case was assigned to Judge Matthew Joseph Kacsmaryk.

The plaintiffs claimed that the suspension of MPP was "arbitrary and capricious" under the APA because DHS had released only a two-sentence memo with no reasoning for the suspension. In addition, they claimed that DHS had failed to consider states' reliance on MPP or alternative approaches. The plaintiffs also brought claims under the INA, arguing that the suspension of MPP violated 8 U.S.C. § 1225 because it stripped the federal government's ability to detain or return aliens pending removal proceedings. Lastly, the plaintiffs claimed that this failure to execute the Section 1225 violated the Take Care Clause of the U.S. Constitution.

On May 3, 2021, the federal government moved to transfer this case to the U.S. District Court for the Southern District of Texas, arguing that it would be a more appropriate venue because it was closer to the U.S.-Mexico border. The district court denied the motion a month later, finding that this case was more about "a nationwide policy with nationwide effect" rather than turning on evidence more specific to the border.

The plaintiffs moved for a preliminary injunction on May 14, 2021. However, before briefing had concluded, DHS completed its review of MPP and permanently terminated the program on June 1 in a new memo. The district court concluded that this rendered the original complaint moot, and the plaintiffs filed an amended complaint on June 3, 2021, that sought to enjoin the June 1 termination rather than the January 20 suspension. The district court denied the original motion for a preliminary injunction as moot on June 7, and the plaintiffs filed a new motion the next day. On June 29, 2021, the parties and court agreed to consolidate the motion for a preliminary injunction with deciding the case on the merits.

On August 13, 2021, the district court held for the plaintiffs and ordered a permanent injunction. It vacated the June 1 memo, remanding it to DHS, and enjoined the implementation or enforcement of the June 1 memo. It also ordered the federal government to implement and enforce MPP in good faith. In its reasoning, the district court found that DHS had failed to consider "several critical factors," including the benefits of MPP in deterring meritless asylum applications and the warnings that suspending MPP would "lead to a resurgence of illegal aliens" crossing the border. The district court found that DHS's reasoning for terminating MPP was without merit, explaining how the DHS Secretary's logic was not persuasive. The district court also held that the termination violated 8 U.S.C. § 1225 because, without MPP, the federal government's only option under Section 1225 was mandatory detention, DHS had admitted it did not have the capacity to meet those detention obligations. The district court declined to rule on the Take Care Clause claim because it had already granted full relief regarding the plaintiff's other claims. _ F.Supp.3d. _, 2021 WL 3603341.

The injunction was granted on a nationwide basis, and set to start September 15, 2021. The federal government was required to file monthly reports on the number of encounters at the border, the number of aliens expelled, the total detention capacity and usage rate, and the number of applicants for admission under Section 1225. Id.

The federal government appealed to the Fifth Circuit Court of Appeals three days later, on August 16, 2021. It also moved to stay the district court's judgment pending appeal, but the district court denied the motion the next day. The federal government then requested a stay from the Fifth Circuit.

On August 19, 2021, the Fifth Circuit denied the federal government's motion for a stay pending appeal. In its per curiam opinion, the Fifth Circuit held that the federal government failed to satisfy the four stay factors from Nken v. Holder, 556 U.S. 418 (2009). First, the court thought that the federal government was not likely to succeed on the merits, finding the government's standing and justiciability arguments unpersuasive. Second, the federal government would not be irreparably injured in the absence of a stay. Because the district court had ordered that MPP be implemented "in good faith," the Fifth Circuit held that the injunction did not impose an unreasonably high burden. Third, other interested parties would be irreparably injured by a stay, namely the states found by the district court to be suffering from the termination of MPP. And fourth, the public interest would be in having governmental agencies abide by laws that govern their existence, meaning that the federal government should comply with Section 1225. _ F.4th _, 2021 WL 3674780.

The next day, the federal government applied to the U.S. Supreme Court for a stay. On August 24, 2021, the Supreme Court denied a stay, holding that the federal government had failed to show a likelihood of success on the claim that terminating MPP was not "arbitrary and capricious." 142 S.Ct. 926. Justices Breyer, Kagan, and Sotomayor recorded dissents, without opinion. 

Meanwhile, in the district court, plaintiffs filed a motion to enforce the preliminary injunction and to expedite discovery on September 23, 2021. They alleged that defendants were not enforcing and implementing the MPP in good faith, and asked the court to (1) find the defendants not in compliance, (2) command concrete steps to comply, and (3) allow plaintiffs expedited discovery relating to compliance and specifically related to Haitian migrant activity. Defendants responded by filing documents reporting increased actions and new data for the month of September. The court granted and denied the motion in part, allowing plaintiffs to conduct limited expedited through depositions and additional monthly reporting on compliance and Haitian migrant activity. However, the court found that plaintiffs overall failed to show clear and convincing evidence that defendants were failing to comply with the court’s order in bad faith. 

In response to this order, defendants filed a motion for reconsideration and motion for administrative stay on December 2, 2021. Defendants argued against enforcement of the “substantial and burdensome” discovery order, especially since the court correctly found that plaintiffs had not met their burden to show non-compliance. Additionally, defendants had reached an agreement with Mexico and would begin enrolling migrants in the MPP program on December 6, 2021. Defendants thus asked for an administrative stay of the operation of the order while the court considered its motion. The court agreed, and on January 20, 2022, granted defendants’ motion for reconsideration and held that defendants need not make additional reporting as required by the September 23, 2021 order. The court further denied the motion for an administrative stay as moot. 

In the meantime, the Fifth Circuit upheld the district court’s August 13, 2021 permanent injunction. 20 F.4th 928. In the opinion, issued by Judge Andrew S. Oldham on December 13, 2021, the court determined that the government’s decision to terminate the MPP program was arbitrary and capricious under the APA because it failed to consider four main factors: (1) the States' legitimate reliance interests, (2) MPP's benefits, (3) potential alternatives to MPP, and (4) the legal implications of terminating MPP. The court also upheld the district court’s holding that the termination decision independently violated § 1225 because Congress had put specific limits on the government's ability to release migrants on parole and that the decision to “parole aliens en masse” went outside the scope of the statute. 

Following the Fifth Circuit decision, the government petitioned the U.S. Supreme Court for a writ of certiorari, which was granted on February 18, 2022. 142 S.Ct. 1098. The case is scheduled for oral argument in April 2022. 

This case is ongoing.

Summary Authors

Lauren Yu (8/26/2021)

Zoe Goldstein (3/29/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59815977/parties/state-of-texas-v-joseph-r-biden/


Judge(s)

Elrod, Jennifer Walker (Texas)

Kacsmaryk, Matthew Joseph None (Texas)

Oldham, Andrew Stephen (Texas)

Wilson, Charles R. (Florida)

Attorneys(s) for Plaintiff

Osete, Jesus (Missouri)

Paxton, Ken (Texas)

Sauer, Dean John (Missouri)

Schmitt, Eric (Missouri)

Stone, Judd E (Texas)

Sweeten, Patrick Kinney (Texas)

Judge(s)

Elrod, Jennifer Walker (Texas)

Kacsmaryk, Matthew Joseph None (Texas)

Oldham, Andrew Stephen (Texas)

Wilson, Charles R. (Florida)

Attorneys(s) for Plaintiff

Osete, Jesus (Missouri)

Paxton, Ken (Texas)

Sauer, Dean John (Missouri)

Schmitt, Eric (Missouri)

Stone, Judd E (Texas)

Sweeten, Patrick Kinney (Texas)

Talent, Michael E (Missouri)

Thompson, William Thomas (Texas)

Walters, Ryan Daniel (Texas)

Webster, Brent (Texas)

Attorneys(s) for Defendant

Darrow, Joseph A. (District of Columbia)

Genova, Francesca (District of Columbia)

Reuveni, Erez (District of Columbia)

Stoltz, Brian Walters (Texas)

Ward, Brian Christopher (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Texas v. Biden

Aug. 23, 2021 Docket
1

Complaint

State of Texas v. Biden

April 13, 2021 Complaint
47

Order

State of Texas v. Biden

June 3, 2021 Order/Opinion
48

First Amended Complaint

State of Texas v. Biden

June 3, 2021 Complaint
94

Memorandum Opinion and Order

State of Texas v. Biden

2021 WL 3603341

Aug. 13, 2021 Order/Opinion

Opinion

State v. Biden

U. S. Court of Appeals for the Fifth Circuit

2021 WL 3674780

Aug. 19, 2021 Order/Opinion

Order in Pending Case

Biden v. Texas

Supreme Court of the United States

142 S.Ct. 926

Aug. 24, 2021 Order/Opinion
116

Memorandum Opinion and Order

The State of Texas v. Biden

2021 WL 5399844

Nov. 18, 2021 Order/Opinion
00516129200

[Opinion]

State of Texas v. Biden

U. S. Court of Appeals for the Fifth Circuit

20 F.4th 928

Dec. 13, 2021 Order/Opinion
125

Order

The State of Texas v. Biden

Jan. 20, 2022 Order/Opinion

Resources

Title Description External URL

Biden v. Texas

SCOTUSBlog

Issue: Whether the Supreme Court should issue a stay of a district court’s injunction requiring the federal government to reinstate the Migrant Protection Protocols. Aug. 24, 2021 https://www.scotusblog.com/case-files/cases/biden-v-texas/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59815977/state-of-texas-v-joseph-r-biden/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
5

Summons issued as to Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America, U.S. Attorney, and U.S. Attorney General. (awc) (Entered: 04/13/2021)

April 13, 2021 PACER
4

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State of Missouri, State of Texas. (Thompson, William) (Entered: 04/13/2021)

April 13, 2021 PACER
3

New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Reno). Clerk to provide copy to plaintiff if not received electronically. (awc) (Entered: 04/13/2021)

April 13, 2021 PACER
2

ADDITIONAL ATTACHMENTS to 1 Complaint,,,,, by Plaintiffs State of Missouri, State of Texas. (Thompson, William) (Entered: 04/13/2021)

April 13, 2021 PACER
1

COMPLAINT against All Defendants filed by State of Missouri, State of Texas. (Filing fee $402; Receipt number 0539-11790322) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) A - January 20, 2021 Memo, # 2 Exhibit(s) B - DHS and TX Agreement) (Thompson, William) (Entered: 04/13/2021)

1 Exhibit(s) A - January 20, 2021 Memo

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2 Exhibit(s) B - DHS and TX Agreement

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April 13, 2021 Clearinghouse
7

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11812749) filed by State of Missouri (Attachments: # 1 Proposed Order Order for Admission Pro Hac Vice, # 2 Exhibit(s) Certificate of Good Standing)Attorney Jesus A Osete added to party State of Missouri(pty:pla) (Osete, Jesus) (Entered: 04/19/2021)

April 19, 2021 PACER
6

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11812623) filed by State of Missouri (Attachments: # 1 Proposed Order Order for Admission Pro Hac Vice, # 2 Exhibit(s) Certificate of Good Standing)Attorney Dean John Sauer added to party State of Missouri(pty:pla) (Sauer, Dean) (Entered: 04/19/2021)

April 19, 2021 PACER
13

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America. (Genova, Francesca) (Entered: 05/03/2021)

May 3, 2021 PACER
12

Appendix in Support filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America re 11 MOTION to Transfer Case out of District/Division (Genova, Francesca) (Entered: 05/03/2021)

May 3, 2021 PACER
11

MOTION to Transfer Case out of District/Division filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America with Brief/Memorandum in Support. (Genova, Francesca) (Entered: 05/03/2021)

May 3, 2021 RECAP
10

NOTICE of Attorney Appearance by Francesca Marie Genova on behalf of Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America. (Filer confirms contact info in ECF is current.) (Genova, Francesca) (Entered: 05/03/2021)

May 3, 2021 PACER
9

ORDER granting 7 Application for Admission Pro Hac Vice of Jesus A. Osete. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 5/3/2021) (awc) (Entered: 05/03/2021)

May 3, 2021 PACER
8

ORDER granting 6 Application for Admission Pro Hac Vice of D. John Sauer. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 5/3/2021) (awc) (Entered: 05/03/2021)

May 3, 2021 PACER
14

NOTICE of Attorney Appearance by Erez Reuveni on behalf of Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America. (Filer confirms contact info in ECF is current.) (Reuveni, Erez) (Entered: 05/04/2021)

May 4, 2021 PACER
25

SUMMONS Returned Executed as to United States Citizenship and Immigration Services ; served on 4/22/2021. (Thompson, William) (Entered: 05/06/2021)

May 6, 2021 PACER
24

SUMMONS Returned Executed as to United States of America ; served on 4/22/2021. (Thompson, William) (Entered: 05/06/2021)

May 6, 2021 PACER
23

SUMMONS Returned Executed as to Tracy Renaud ; served on 4/22/2021. (Thompson, William) (Entered: 05/06/2021)

May 6, 2021 PACER
22

SUMMONS Returned Executed as to Troy Miller ; served on 4/22/2021. (Thompson, William) (Entered: 05/06/2021)

May 6, 2021 PACER
21

SUMMONS Returned Executed as to Alejandro Mayorkas ; served on 4/22/2021. (Thompson, William) (Entered: 05/06/2021)

May 6, 2021 PACER
20

SUMMONS Returned Executed as to Tae Johnson ; served on 4/22/2021. (Thompson, William) (Entered: 05/06/2021)

May 6, 2021 PACER
19

SUMMONS Returned Executed as to United States Immigration and Customs Enforcement ; served on 4/22/2021. (Thompson, William) (Entered: 05/06/2021)

May 6, 2021 PACER
18

SUMMONS Returned Executed as to United States Department of Homeland Security ; served on 4/22/2021. (Thompson, William) (Entered: 05/06/2021)

May 6, 2021 PACER
17

SUMMONS Returned Executed as to United States Customs and Border Protection ; served on 4/22/2021. (Thompson, William) (Entered: 05/06/2021)

May 6, 2021 PACER
16

SUMMONS Returned Executed as to Joseph R Biden, Jr ; served on 4/22/2021. (Thompson, William) (Entered: 05/06/2021)

May 6, 2021 PACER
15

NOTICE of Attorney Appearance by Walter Stephen Zimolong, III on behalf of Advocates for Victims of Illegal Alien Crime. (Filer confirms contact info in ECF is current.) (Zimolong, Walter) (Entered: 05/06/2021)

May 6, 2021 PACER
28

NOTICE of Attorney Appearance by Ryan Daniel Walters on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Walters, Ryan) (Entered: 05/07/2021)

May 7, 2021 PACER
27

NOTICE of Attorney Appearance by Joseph Anton Darrow on behalf of Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America. (Filer confirms contact info in ECF is current.) (Darrow, Joseph) (Entered: 05/07/2021)

May 7, 2021 PACER
26

NOTICE of Attorney Appearance by Brian C Ward on behalf of Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America. (Filer confirms contact info in ECF is current.) (Ward, Brian) (Entered: 05/07/2021)

May 7, 2021 PACER
31

Appendix in Support filed by State of Missouri, State of Texas re 30 MOTION for Injunction (Attachments: # 1 Appendix in Support of Plaintiffs' Motion for Preliminary Injunction Vol. I, # 2 Appendix in Support of Plaintiffs' Motion for Preliminary Injunction Vol. II) (Thompson, William) (Entered: 05/14/2021)

1 Appendix in Support of Plaintiffs' Motion for Preliminary Injunction Vol.

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2 Appendix in Support of Plaintiffs' Motion for Preliminary Injunction Vol.

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May 14, 2021 PACER
30

MOTION for Preliminary Injunction filed by State of Missouri, State of Texas with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Thompson, William) Modified title on 5/17/2021 (awc). (Entered: 05/14/2021)

1 Proposed Order

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May 14, 2021 RECAP
29

Unopposed MOTION for Leave to File Excess Pages filed by State of Missouri, State of Texas (Attachments: # 1 Proposed Order) (Thompson, William) (Entered: 05/14/2021)

May 14, 2021 PACER
33

MOTION to Stay and Unopposed Motion to Expedite Briefing on Motion to Stay Proceedings filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America with Brief/Memorandum in Support. (Genova, Francesca) (Entered: 05/17/2021)

May 17, 2021 RECAP
32

ORDER: The parties are ORDERED to separately propose a briefing schedule with respect to Plaintiffs' Motion for Preliminary Injunction. ECF No. 30. This briefing shall address whether the Court should advance the trial on the merits and consolidate it with the preliminary injunction hearing. FED. R. CIV. P. 65(a)(2). The parties shall also address whether, and to what extent, expedited discovery is necessary. All briefs shall be filed on or before Thursday, May 20, 2021. re: 30 MOTION for Preliminary Injunction (Ordered by Judge Matthew J. Kacsmaryk on 5/17/2021) (awc) (Entered: 05/17/2021)

May 17, 2021 PACER
34

ORDER: The Court orders Plaintiffs to respond to the motion to stay by Monday, May 24th, 2021. Defendants shall file a reply by May 28th. The parties shall still submit the briefing required by this Court's previous order. See ECF No. 32. re: 33 MOTION to Stay and Unopposed Motion to Expedite Briefing on Motion to Stay Proceedings (Ordered by Judge Matthew J. Kacsmaryk on 5/18/2021) (awc) (Entered: 05/18/2021)

May 18, 2021 PACER
36

NOTICE of Defendants' Proposed Briefing Schedule re: 32 Order Setting Deadline/Hearing,, filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America (Ward, Brian) (Entered: 05/20/2021)

May 20, 2021 RECAP
35

NOTICE of Plaintiffs' Proposed Briefing Schedule re: 32 Order Setting Deadline/Hearing,, filed by State of Missouri, State of Texas (Thompson, William) (Entered: 05/20/2021)

May 20, 2021 RECAP
37

ORDER: (SEE ORDER FOR SCHEDULE.) Plaintiffs' Unopposed Motion for Leave to Exceed Page Limits (ECF No. 29) is GRANTED. If necessary, the Court will amend this scheduling order dependent upon the Court's rulings on the pending Motions to stay and transfer the case. The Court will also issue an order, if necessary, scheduling a hearing on the Motion for Preliminary Injunction upon the receipt of all briefing required by this order. (Ordered by Judge Matthew J. Kacsmaryk on 5/21/2021) (awc) (Entered: 05/21/2021)

May 21, 2021 RECAP
40

RESPONSE filed by State of Missouri, State of Texas re: 33 MOTION to Stay and Unopposed Motion to Expedite Briefing on Motion to Stay Proceedings (Attachments: # 1 Proposed Order) (Thompson, William) (Entered: 05/24/2021)

May 24, 2021 PACER
39

Appendix in Support filed by State of Missouri, State of Texas re 38 Response/Objection to Defendants' Motion to Transfer Venue (Attachments: # 1 Exhibit(s)) (Thompson, William) (Entered: 05/24/2021)

May 24, 2021 PACER
38

RESPONSE filed by State of Missouri, State of Texas re: 11 MOTION to Transfer Case out of District/Division (Attachments: # 1 Proposed Order) (Thompson, William) (Entered: 05/24/2021)

May 24, 2021 PACER
42

Unopposed MOTION for Leave to File Memorandum of Law as Amicus Curiae in support of Plaintiffs' Motion for Preliminary Injunction filed by Immigration Reform Law Institute (Attachments: # 1 Memorandum of Law as Amicus Curiae, # 2 Proposed Order) (Crapo, Matt) (Entered: 05/27/2021)

1 Memorandum of Law as Amicus Curiae

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2 Proposed Order

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May 27, 2021 RECAP
41

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11932000) filed by Immigration Reform Law Institute (Attachments: # 1 Certificate of Good Standing). Party Immigration Reform Law Institute added.Attorney Matt Austin Crapo added to party Immigration Reform Law Institute(pty:am) (Crapo, Matt) (Entered: 05/27/2021)

May 27, 2021 PACER
44

REPLY filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America re: 33 MOTION to Stay and Unopposed Motion to Expedite Briefing on Motion to Stay Proceedings (Genova, Francesca) (Entered: 05/28/2021)

May 28, 2021 PACER
43

REPLY filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America re: 11 MOTION to Transfer Case out of District/Division (Genova, Francesca) (Entered: 05/28/2021)

May 28, 2021 RECAP
45

Administrative Record consisting of DHS Administrative Record filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America. (Ward, Brian) (Entered: 05/31/2021)

May 31, 2021 RECAP
46

ORDER: On June 1, 2021, the Department of Homeland Security published a memo titled "Termination of the Migrant Protection Protocols Program." In that memo, Secretary Mayorkas rescinded the January 20, 2021 memo titled "Suspension of Enrollment in the Migrant Protection Protocols Programs," which was the focus of this lawsuit. Accordingly, the parties are ORDERED to file a joint status update on the effect of the June 1 memo on the disposition of this case. If the parties cannot agree on the effect, they shall state their positions on how this case shall move forward in separate sections of the status update. The update is due Friday, June 4, 2021. No other previously scheduled deadlines are affected by this order. (Ordered by Judge Matthew J. Kacsmaryk on 6/2/2021) (awc) (Entered: 06/02/2021)

June 2, 2021 RECAP
48

AMENDED COMPLAINT against All Defendants filed by State of Missouri, State of Texas. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Ex. A - January 20, 2021 DHS Memorandum, # 2 Ex. B - Agreement between U.S. Dept. of Homeland Security and State of Texas, # 3 Ex. C - June 1, 2021 DHS Memorandum) (Thompson, William) (Entered: 06/03/2021)

1 Ex. A - January 20, 2021 DHS Memorandum

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2 Ex. B - Agreement between U.S. Dept. of Homeland Security and State of Texas

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3 Ex. C - June 1, 2021 DHS Memorandum

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June 3, 2021 Clearinghouse
47

ORDER - Defendants' evidence, taken as a whole, does not establish that the convenience of the parties and witnesses will be enhanced by transferring this case. Accordingly, the Court DENIES Defendants' Motion to Transfer Venue (ECF No. 11). Defendants' Motion to Stay (ECF No. 33) is DENIED as MOOT. (Ordered by Judge Matthew J. Kacsmaryk on 6/3/2021) (vls) (Entered: 06/03/2021)

June 3, 2021 Clearinghouse
51

RESPONSE filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America re: 30 MOTION for Injunction (Ward, Brian) (Entered: 06/04/2021)

June 4, 2021 RECAP
50

Joint STATUS REPORT filed by State of Missouri, State of Texas. (Thompson, William) (Entered: 06/04/2021)

June 4, 2021 PACER
49

NOTICE of Attorney Appearance by Brian Walters Stoltz-DOJ on behalf of Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America. (Filer confirms contact info in ECF is current.) (Stoltz-DOJ, Brian) (Entered: 06/04/2021)

June 4, 2021 PACER
52

ORDER: After reviewing the parties' positions regarding the mootness of Plaintiffs' Motion for Preliminary Injunction, the Court DENIES Plaintiffs' Motion as moot and enters a new scheduling order re: 30 MOTION for Preliminary Injunction . (SEE ORDER FOR SCHEDULE SPECIFICS.) (Ordered by Judge Matthew J. Kacsmaryk on 6/7/2021) (awc) (Entered: 06/07/2021)

June 7, 2021 RECAP
54

Appendix in Support filed by State of Missouri, State of Texas re 53 MOTION for Injunction Preliminary (Attachments: # 1 Exhibit(s), # 2 Exhibit(s)) (Thompson, William) (Entered: 06/08/2021)

1 Exhibit(s)

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2 Exhibit(s)

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June 8, 2021 RECAP
53

MOTION for Injunction Preliminary filed by State of Missouri, State of Texas (Attachments: # 1 Proposed Order) (Thompson, William) (Entered: 06/08/2021)

1 Proposed Order

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June 8, 2021 RECAP
55

MOTION for Leave to File amicus brief in support of preliminary injunction filed by Advocates for Victims of Illegal Alien Crime (Attachments: # 1 Exhibit(s) proposed amicus brief, # 2 Proposed Order) (Zimolong, Walter) (Entered: 06/14/2021)

June 14, 2021 PACER
59

Brief/Memorandum in Support filed by Immigration Reform Law Institute as amicus curiae re 53 MOTION for Injunction Preliminary. (awc) (Entered: 06/16/2021)

June 16, 2021 RECAP
58

ORDER granting 42 Unopposed MOTION for Leave to File Memorandum of Law as Amicus Curiae in support of Plaintiffs' Motion for Preliminary Injunction. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Matthew J. Kacsmaryk on 6/16/2021) (awc) (Entered: 06/16/2021)

June 16, 2021 PACER
57

ORDER granting 41 Application for Admission Pro Hac Vice of Matt A. Crapo. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 6/16/2021) (awc) (Entered: 06/16/2021)

June 16, 2021 PACER
56

Unopposed Motion for Extension of Time to File Answer to Amended Complaint filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America with Brief/Memorandum in Support. (Genova, Francesca) (Entered: 06/16/2021)

June 16, 2021 PACER
60

ORDER granting 56 Motion for Extension of Time to File Answer re 48 Amended Complaint. Accordingly, Defendants' answer or response to Plaintiffs' Amended Complaint is due 30 days after the Court rules on the Plaintiffs' pending Motion for Preliminary Injunction (ECF No. 53). This Order shall not be construed to prejudice Plaintiffs regarding collateral issues such as the availability of discovery or consolidation under Rule 65. (Ordered by Judge Matthew J. Kacsmaryk on 6/18/2021) (awc) (Entered: 06/18/2021)

June 18, 2021 PACER
61

Administrative Record consisting of Record for June 1 Memorandum filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America. (Ward, Brian) (Entered: 06/22/2021)

June 22, 2021 PACER
64

Appendix in Support filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America re 63 Response/Objection, (Ward, Brian) (Entered: 06/25/2021)

June 25, 2021 PACER
63

RESPONSE filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America re: 53 MOTION for Injunction Preliminary (Ward, Brian) (Entered: 06/25/2021)

June 25, 2021 RECAP
62

MOTION to Strike 54 Appendix in Support and Extra Record Evidence in Support of Plaintiffs' Motion for Preliminary Injunction filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Darrow, Joseph) (Entered: 06/25/2021)

June 25, 2021 PACER
65

Joint STATUS REPORT Joint Statement Regarding Discovery and Consolidation under FRCP 65(a)(2) filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America. (Darrow, Joseph) (Entered: 06/28/2021)

June 28, 2021 RECAP
66

ORDER: The Court hereby NOTIFIES the parties that the Court will consolidate the preliminary injunction with trial on the merits under Rule 65. To allow the parties to fully develop their case, the parties shall file supplemental briefs no longer than 15 pages. Defendants' brief is due on July 7. Plaintiffs' brief is due on July 9. Furthermore, the parties are ORDERED to file a joint statement regarding the hearing itself. This statement shall address: (1) the anticipated length of time; (2) the format of presentation; (3) proposed dates for the hearing (4) the anticipated disputed questions of law; (5) and the anticipated disputed questions of fact. The joint statement shall be filed by July 2. The Court will issue an order scheduling a hearing upon the receipt of the briefing required by this order. (SEE ORDER FOR FURTHER SPECIFICS.) (Ordered by Judge Matthew J. Kacsmaryk on 6/29/2021) (awc) (Entered: 06/29/2021)

June 29, 2021 RECAP
67

REPLY filed by State of Missouri, State of Texas re: 53 MOTION for Injunction Preliminary (Thompson, William) (Entered: 06/30/2021)

June 30, 2021 RECAP
68

REPLY filed by State of Missouri, State of Texas re: 66 Order Setting Deadline/Hearing,,, (Thompson, William) (Entered: 07/02/2021)

July 2, 2021 RECAP
69

ORDER: After receiving the parties' joint statement (ECF No. 68), the Court sets this case for a consolidated Rule 65 hearing to begin on Thursday, July 22, 2021 at 10:00am. To accommodate this date, the Court sets an expedited briefing schedule for Defendants' pending Motion to Strike (ECF No. 62). Plaintiffs' Response is due Friday, July 9. Defendants' Reply is due Friday, July 16. The Court anticipates ruling on the pending Motion before the July 22 hearing. The Court will not permit attorneys to appear virtually. (See order for further specifics.) (Ordered by Judge Matthew J. Kacsmaryk on 7/6/2021) (awc) (Entered: 07/06/2021)

July 6, 2021 RECAP
70

Supplemental Document by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America as to 66 Order Setting Deadline/Hearing,,, Supplemental Brief Addressing Matters Related to Consolidation under Rule 65(a)(2). (Darrow, Joseph) (Entered: 07/07/2021)

July 7, 2021 RECAP
73

MOTION to Introduce Extra-Record Evidence re 72 Response/Objection, 62 MOTION to Strike 54 Appendix in Support and Extra Record Evidence in Support of Plaintiffs' Motion for Preliminary Injunction filed by State of Missouri, State of Texas with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Thompson, William) (Entered: 07/09/2021)

1 Proposed Order

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July 9, 2021 PACER
72

RESPONSE AND OBJECTION filed by State of Missouri, State of Texas re: 62 MOTION to Strike 54 Appendix in Support and Extra Record Evidence in Support of Plaintiffs' Motion for Preliminary Injunction (Thompson, William) (Entered: 07/09/2021)

July 9, 2021 RECAP
71

Supplemental Document by State of Missouri, State of Texas as to 66 Order Setting Deadline/Hearing,,, Plaintiffs' Supplemental Brief. (Thompson, William) (Entered: 07/09/2021)

July 9, 2021 PACER
75

RESPONSE filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America re: 73 MOTION to Introduce Extra-Record Evidence re 72 Response/Objection, 62 MOTION to Strike 54 Appendix in Support and Extra Record Evidence in Support of Plaintiffs' Motion for Preliminary Injunction (Darrow, Joseph) (Entered: 07/16/2021)

July 16, 2021 PACER
74

REPLY filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America re: 62 MOTION to Strike 54 Appendix in Support and Extra Record Evidence in Support of Plaintiffs' Motion for Preliminary Injunction (Darrow, Joseph) (Entered: 07/16/2021)

July 16, 2021 PACER
77

NOTICE of Supplemental Authority filed by State of Missouri, State of Texas (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Thompson, William) (Entered: 07/19/2021)

1 Exhibit A

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2 Exhibit B

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July 19, 2021 PACER
76

ORDER: Before the Court is Defendants' Motion to Strike Plaintiff's Extra Record Material (ECF No. 62). After considering the Response, Reply, and the applicable law, the Court DENIES the Motion. Plaintiffs' related Motion to Introduce Extra-Record Evidence (ECF No. 73) is GRANTED. (See order for further specifics.) (Ordered by Judge Matthew J. Kacsmaryk on 7/19/2021) (awc) (Entered: 07/19/2021)

July 19, 2021 RECAP
78

NOTICE of Filing Corrected Administrative Record Certification, Index, and Record Document re: 61 Administrative Record, filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America (Attachments: # 1 Exhibit(s) Corrected Certification and Index for Administrative Record, # 2 Exhibit(s) Record Document - "Assessment of the Migrant Protection Protocols (MPP)", # 3 Exhibit(s) Declaration of Juliana Blackwell) (Darrow, Joseph) (Entered: 07/20/2021)

1 Exhibit(s) Corrected Certification and Index for Administrative Record

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2 Exhibit(s) Record Document - "Assessment of the Migrant Protection Protocol

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3 Exhibit(s) Declaration of Juliana Blackwell

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July 20, 2021 PACER
85

ORDER - Plaintiffs' Motion is DENIED re: 80 MOTION to Exclude Evidence or, in the alternative, Require Production of Witnesses for Live Testimony, and Defendants Motion is GRANTED re: 84 MOTION leave to correct the administrative record. (Ordered by Judge Matthew J. Kacsmaryk on 7/21/2021) (vls) (Entered: 07/21/2021)

July 21, 2021 RECAP
84

MOTION leave to correct the administrative record re 78 Notice (Other),, 45 Administrative Record, filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America with Brief/Memorandum in Support. (Darrow, Joseph) (Entered: 07/21/2021)

July 21, 2021 PACER
83

RESPONSE AND OBJECTION filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America re: 80 MOTION to Exclude Evidence or, in the alternative, Require Production of Witnesses for Live Testimony re 78 Notice (Other),, (Darrow, Joseph) (Entered: 07/21/2021)

July 21, 2021 PACER
82

RESPONSE AND OBJECTION filed by Joseph R Biden, Jr, Immigration Reform Law Institute, Alejandro Mayorkas, Troy Miller, 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, United States of America re: 80 MOTION to Exclude Evidence or, in the alternative, Require Production of Witnesses for Live Testimony re 78 Notice (Other),, (Darrow, Joseph) (Entered: 07/21/2021)

July 21, 2021 PACER
81

ORDER: Defendants are ORDERED to file a responsive brief by today, July 21, 2021 at 5:00pm (CT). re: 80 MOTION to Exclude Evidence or, in the alternative, Require Production of Witnesses for Live Testimony re 78 Notice. (Ordered by Judge Matthew J. Kacsmaryk on 7/21/2021) (awc) (Entered: 07/21/2021)

July 21, 2021 RECAP
80

MOTION to Exclude Evidence or, in the alternative, Require Production of Witnesses for Live Testimony re 78 Notice (Other),, filed by State of Missouri, State of Texas (Attachments: # 1 Proposed Order) (Walters, Ryan) (Entered: 07/21/2021)

July 21, 2021 PACER
79

RESPONSE filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America re: 77 Notice (Other) (Darrow, Joseph) (Entered: 07/21/2021)

July 21, 2021 PACER
89

ELECTRONIC Minute Entry for proceedings held before Judge Matthew J. Kacsmaryk: Bench Trial completed on 7/22/2021. Written Order to follow. Attorney Appearances: Plaintiff - William Thomas Thompson/Jesus A Osete; Defense - Brian C Ward/Joseph Anton Darrow. (Court Reporter: Stacy Morrison) (No exhibits) Time in Court - 4:16. (vls) (Entered: 07/27/2021)

July 22, 2021 PACER
86

ORDER: On this date, the Court held a consolidated hearing on Plaintiffs' Motion for Preliminary Injunction and a trial on the merits. The parties are ORDERED to file proposed findings of fact and conclusions of law by 5:00pm, Tuesday, July 27, 2021. In addition, the parties shall file briefs regarding the appropriate relief for Plaintiffs if the Court determines they should prevail on any of their claims. These briefs are due at the same time as the proposed findings of fact and conclusions of law. (Ordered by Judge Matthew J. Kacsmaryk on 7/22/2021) (awc) (Entered: 07/22/2021)

July 22, 2021 PACER
87

MOTION to Withdraw as Attorney by Francesca Genova filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America (Genova, Francesca) (Entered: 07/23/2021)

July 23, 2021 PACER
93

SUPPLEMENTAL Brief/Memorandum in Support filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America re 86 Order Setting Deadline/Hearing,, Defendant's Supplemental Brief on Appropriate Remedy (Darrow, Joseph) Modified title on 7/28/2021 (daa). (Entered: 07/27/2021)

July 27, 2021 PACER
92

NOTICE of Defendants' Proposed Findings of Fact and Conclusions of Law re: 86 Order Setting Deadline/Hearing,, filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America (Darrow, Joseph) (Entered: 07/27/2021)

July 27, 2021 PACER
91

NOTICE of Plaintiffs' Proposed Findings of Fact and Conclusions of Law re: 86 Order Setting Deadline/Hearing,, filed by State of Missouri, State of Texas (Thompson, William) (Entered: 07/27/2021)

July 27, 2021 PACER
90

SUPPLEMENTAL Brief/Memorandum in Support filed by State of Missouri, State of Texas re 86 Order Setting Deadline/Hearing,, (Thompson, William) Modified title on 7/28/2021 (daa). (Entered: 07/27/2021)

July 27, 2021 RECAP
88

ORDER granting 87 Motion to Withdraw as Attorney. Attorney Francesca Marie Genova terminated. (Ordered by Judge Matthew J. Kacsmaryk on 7/27/2021) (awc) (Entered: 07/27/2021)

July 27, 2021 RECAP
95

JUDGMENT - On an equal date herewith, the Court entered findings of facts and conclusions of law in accordance with Fed. R. Civ. P. 52. The Court found Plaintiffs' APA and statutory claims meritorious while declining to rule on Plaintiffs' other claims. Accordingly, the Court VACATED and REMANDED the June 1 Memorandum and entered a PERMANENT INJUNCTION against Defendants. (Ordered by Judge Matthew J. Kacsmaryk on 8/13/2021) (vls) (Entered: 08/13/2021)

Aug. 13, 2021 RECAP
94

Memorandum Opinion and Order (Ordered by Judge Matthew J. Kacsmaryk on 8/13/2021) (vls) (Entered: 08/13/2021)

Aug. 13, 2021 Clearinghouse
98

Emergency MOTION to Stay re 95 Judgment, 94 Memorandum Opinion and Order Emergency Motion to Stay Court's Order Pending Appeal filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) A - Declaration of David Shahoulian, # 2 Exhibit(s) B - Declaration of Daniel Weiss, # 3 Exhibit(s) C- Declaration of Ricardo Zuniga, # 4 Proposed Order) (Darrow, Joseph) (Entered: 08/16/2021)

1 Exhibit(s) A - Declaration of David Shahoulian

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2 Exhibit(s) B - Declaration of Daniel Weiss

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3 Exhibit(s) C- Declaration of Ricardo Zuniga

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4 Proposed Order

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Aug. 16, 2021 RECAP
97

USCA Case Number 21-10806 in USCA5 for 96 Notice of Appeal filed by Joseph R Biden, Jr, Tracy Renaud, United States Customs and Border Protection, Alejandro Mayorkas, United States of America, United States Immigration and Customs Enforcement, United States Citizenship and Immigration Services, Tae Johnson, Troy Miller, United States Department of Homeland Security. (awc) (Entered: 08/16/2021)

Aug. 16, 2021 PACER
96

NOTICE OF APPEAL as to 95 Judgment, 94 Memorandum Opinion and Order to the Fifth Circuit by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, 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, United States of America. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Darrow, Joseph) (Entered: 08/16/2021)

Aug. 16, 2021 RECAP
100

Defendants' Emergency Motion to Stay Court's Order Pending Appeal (ECF No. 98) is DENIED. See FED. R. APP. P. 8(a)(1). re: 98 Motion to Stay (Ordered by Judge Matthew J. Kacsmaryk on 8/17/2021) (awc) (Entered: 08/17/2021)

Aug. 17, 2021 RECAP
99

RESPONSE filed by State of Missouri, State of Texas re: 98 Emergency MOTION to Stay re 95 Judgment, 94 Memorandum Opinion and Order Emergency Motion to Stay Court's Order Pending Appeal (Thompson, William) (Entered: 08/17/2021)

Aug. 17, 2021 RECAP