Case: Bush v. Biden

7:21-cv-00272 | U.S. District Court for the Southern District of Texas

Filed Date: July 13, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging the Biden administration's decision to stop building a southern border wall. On July 13, 2021, the General Land Office of the State of Texas and its then-commissioner, George P. Bush (collectively, “GLO”) sued President Biden, the Department of Homeland Security (DHS), and the Secretary of DHS in the U.S. District Court for the Southern District of Texas. GLO challenged Proclamation 10142 (“the Proclamation”), which ordered DHS to stop construction of the southern U.S…

This is a case challenging the Biden administration's decision to stop building a southern border wall. On July 13, 2021, the General Land Office of the State of Texas and its then-commissioner, George P. Bush (collectively, “GLO”) sued President Biden, the Department of Homeland Security (DHS), and the Secretary of DHS in the U.S. District Court for the Southern District of Texas. GLO challenged Proclamation 10142 (“the Proclamation”), which ordered DHS to stop construction of the southern U.S. border wall for which Congress had appropriated money. GLO alleged that the Proclamation and DHS’s observance of it violated separation of powers principles, as well as the Spending Clause, Take Care Clause, and Presentment Clause. GLO also claimed that the action violated appropriations statutes, the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), and substantive and procedural requirements of the Administrative Procedure Act (APA). Substantively, GLO asserted that the action was arbitrary, capricious, an abuse of discretion, contrary to constitutional law, and carried out without legal authority. They also asserted that DHS failed to abide by notice-and-comment procedures. GLO sought declaratory and injunctive relief and litigation costs, including attorneys’ fees. The case was originally assigned to Judge Ricardo H. Hinojosa, who recused himself two days after the complaint was filed. Judge Micaela Alvarez subsequently replaced Judge Hinojosa.

On October 21, 2021, the State of Missouri and the State of Texas sued the same defendants, plus U.S. Customs and Border Protection (CBP), in the same court on similar grounds (docket 7:21-cv-00420). Four days later, the defendants moved to consolidate the two cases. On November 8, 2021, Texas and Missouri moved for a preliminary injunction to enjoin the defendants from enforcing and implementing the Proclamation. On November 29, 2021, the district court granted the defendants’ motion to consolidate. 2021 WL 5588160.

GLO filed an amended complaint on December 22, 2021, adding a claim that the challenged action violated the Regulatory Flexibility Act. Filing of the amended complaint mooted an earlier motion to dismiss by the defendants, who filed a new motion to dismiss the amended complaint on January 10, 2022. The defendants asserted, among other arguments, that GLO lacked standing and a cause of action and that the President was not an appropriate defendant. The district court did not rule on this motion either, but instead issued a stay on February 22, 2022, based on the U.S. Supreme Court's grant of certiorari in Biden v. Texas, a case in which Texas challenged the Biden administration's suspension of DHS’s Migrant Protection Protocols.

On August 3, 2022, the district court issued an order and opinion granting in part the defendants’ first motion to dismiss, dismissing all of GLO’s claims apart from their claims alleging violations of the APA. The court held that the other statutes GLO cited did not create causes of action separate from the APA. The court also dismissed GLO's constitutional claims, holding that they were actually statutory claims and were not subject to judicial review. Finally, the court dismissed GLO's ultra vires claims (alleging that the government had acted in excess of its legal power) because GLO could already challenge the administration's actions under the APA. 619 F. Supp. 3d 673.

The court also granted the defendants’ second motion to dismiss, dismissing all of Texas’s and Missouri’s claims, rendering the States’ motion for preliminary injunction moot. The court found that Texas had violated the rule against claim splitting, warranting the dismissal of Texas as an independent party to protect the defendant from being harassed by repetitive actions based on the same claim. The defendants had argued that Missouri should also be dismissed as a plaintiff, based on their tenuous claim of being inundated with requests for driver's licenses by people who crossed over the border. The court agreed with the defendants and found that Missouri’s claims of financial harm from the defendants' acts were too attenuated to create standing, so the court granted the defendants’ motion to dismiss Missouri as a plaintiff.

Five days later, Texas and Missouri appealed from the orders of the district court dismissing the states’ action and denying their preliminary injunction to the U.S. Court of Appeals for the Fifth Circuit.

On November 14, 2022, GLO moved to compel the introduction of additional materials to supplement the record and to produce a privilege log. The defendants argued, among other things, that the administrative record was sufficient to enable judicial review of GLO’s APA claims. On March 31, 2023, the district court issued an opinion and order denying GLO’s motion, finding the record to be sufficient. 2023 WL 2733388.

On June 16, 2023, the Fifth Circuit reversed the district court's August 3, 2022 order. First, the Fifth Circuit held that Texas should not be dismissed for claim splitting because the Texas General Land Office and Texas itself had divergent interests, so the two parties filing separate suits did not constitute claim splitting. Second, the court held that Texas had standing to sue because it had sufficiently pled that the lack of a border wall would cause higher costs in terms of driver's licenses, education, and healthcare. Because Texas had standing, the suit could continue without any analysis of Missouri's standing. However, the Fifth Circuit left the question of whether to issue a preliminary injunction to the discretion of the district court on remand. 71 F. 4th 264.

On July 7, 2023, GLO moved to join Texas and Missouri's motion for a preliminary injunction. The court granted GLO's motion to join the following month, on August 16, 2023.

On August 11, 2023, the case was transferred to Judge Drew B. Tipton for efficiency reasons. The parties filed supplemental briefings with regard to the preliminary injunction motion still before the court. Following the conclusion of briefings on December 19, 2023, Judge Tipton granted the joint motion for preliminary injunction in part on March 8, 2024. 

The court determined that with regard to the plaintiffs’ APA-based arbitrary and capricious claims were not judicially reviewable. According to the court, discretionary agency spending was action committed to the agency’s discretion by law such that there was no meaningful standard against which to judge the agency’s exercise of discretion. The court also decline to reach the plaintiffs’ constitutional claims regarding the Take Care clause and separation-of-powers due to long-standing practice to avoid constitutional issues where there are other grounds which a decision can be reached; in this case, namely the APA. As such, the court did find the plaintiffs’ contrary-to-law APA claim reviewable with regard to violations of the appropriations statutes. 2024 WL 1023047.

The court ultimately agreed with the plaintiffs that the government failed to obligate funds for the construction of a barrier system. Rather, the government’s appropriations of funds were allocated for other purposes, such as mitigation and remediation efforts, repairing parts of the existing barrier, or other similar purposes. Seeing as funds ought to be used for the purposes for which they were appropriated, the court found that the plaintiffs were likely to succeed on the merits. As such, the funds in question could only be used for constructing physical barriers, such as additional walls or fencing. The court also determined the government’s actions would result in irreparable harm to the plaintiffs for the increase in illegal immigrants would impose costs on the plaintiff-states, including in the areas of driver’s licenses, education, and healthcare. As such, the court enjoined the government from implementing its July 2022 amended plan to the extent that its funding obligations are not authorized per the appropriations statutes. 2024 WL 1023047. 

The government then filed an unopposed motion to stay the preliminary injunction on March 14, 2024. The government requested the stay to assess how best to comply with the court’s order. The stay was granted by the court, and was repeatedly extended through March 28, 2024. On March 28, a status conference was held between the parties and Judge Tipton provided “guidance” on the preliminary injunction order. However, no details are available on what this guidance entailed. 

On April 10, 2024, the parties filed a joint motion for the court to both enter a final judgment and a permanent injunction consistent with the preliminary injunction as clarified by the court. Briefing on this matter is under way. 

Following the court’s granting in part of the plaintiffs’ motion for preliminary injunction, there were also numerous motions to intervene in the case. Specifically, five different actors sought to intervene: contractors, environmental groups, and a ranch owner who suffered extensive environmental damage on his property. All intervenors alleged that the court’s preliminary injunction prohibited spending the appropriated money to either be spent to pay the contractors or to address the environmental damage caused by the existing barrier. Briefing on the motions to intervene continue. 

As such, this case remains ongoing. 

Summary Authors

Kevin Decker (4/5/2022)

Saba Khan (5/19/2023)

Micah Pollens-Dempsey (10/1/2023)

Kavitha Babu (4/22/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60056145/parties/the-general-land-office-of-the-state-of-texas-v-biden/


Judge(s)

Alvarez, Micaela (Texas)

Attorney for Plaintiff

Al-Fuhaid, Munera (Texas)

Attorney, Ryan Daniel (Texas)

Baasch, Ryan (Texas)

Attorney for Defendant

Attorney, Anne M. (Texas)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

7:21-cv-00272

Original Complaint for Declaratory and Injunctive Relief

The General Land Office of the State of Texas v. Biden

July 13, 2021

July 13, 2021

Complaint
1

7:21-cv-00420

Complaint

Missouri and Texas V. Biden

Oct. 21, 2021

Oct. 21, 2021

Complaint
34

7:21-cv-00272

First Amended Complaint of the Texas General Land Office and George P. Bush

The General Land Office of the State of Texas v. Biden

Dec. 22, 2021

Dec. 22, 2021

Complaint
43

7:21-cv-00272

Order

The General Land Office v. Biden

Feb. 22, 2022

Feb. 22, 2022

Order/Opinion

2022 WL 2022

47

7:21-cv-00272

Opinion and Order

The General Land Office v. Biden

March 15, 2022

March 15, 2022

Order/Opinion

2022 WL 2022

54

7:21-cv-00272

Plaintiff States' Supplemental Brief in Support of Motion for Preliminary Injunction and Opposition to Defendants' Motion to Dismiss

July 15, 2022

July 15, 2022

Pleading / Motion / Brief
57

7:21-cv-00272

Opinion and Order

Aug. 3, 2022

Aug. 3, 2022

Order/Opinion

619 F.Supp.3d 619

65

7:21-cv-00272

Opinion and Order

Sept. 8, 2022

Sept. 8, 2022

Order/Opinion
65

7:21-cv-00272

Opinion and Order

Sept. 8, 2022

Sept. 8, 2022

Order/Opinion
80

7:21-cv-00272

Opinion and Order

The Texas General Land Office v. Biden

March 31, 2023

March 31, 2023

Order/Opinion

2023 WL 2023

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60056145/the-general-land-office-of-the-state-of-texas-v-biden/

Last updated April 22, 2024, 10:19 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0541-26738332) filed by The General Land Office of the State of Texas. (Attachments: # 1 Civil Cover Sheet)(Ramos, Donato) (Entered: 07/13/2021)

1 Civil Cover Sheet

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July 13, 2021

July 13, 2021

Clearinghouse
2

Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Continuation, # 2 Continuation)(Ramos, Donato) (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

PACER
3

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/13/2021 at 02:30 PM before Judge Ricardo H Hinojosa(by Judge Ricardo H Hinojosa) Parties notified.(kanelson, 7) . (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
4

Summons Issued as to Joseph R. Biden, Alejandro Mayorkas, United States Department of Homeland Security, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by NEF, filed. (Attachments: # 1 Summons, # 2 Summons)(kanelson, 7) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
5

ORDER OF RECUSAL. Judge Ricardo H Hinojosa recused. Case reassigned to Judge Micaela Alvarez for all further proceedings.(Signed by Judge Ricardo H Hinojosa) Parties notified.(kanelson, 7) (Entered: 07/15/2021)

July 15, 2021

July 15, 2021

RECAP
6

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/14/2021 at 09:00 AM before Judge Micaela Alvarez (by Judge Micaela Alvarez) Parties notified.(kanelson, 7) . (Entered: 07/15/2021)

July 15, 2021

July 15, 2021

RECAP
7

CERTIFICATE OF INTERESTED PARTIES by George P Bush, The General Land Office of the State of Texas, filed.(Ramos, Donato) (Entered: 07/30/2021)

July 30, 2021

July 30, 2021

PACER
8

RETURN of Service of SUMMONS Executed as to Joseph R. Biden served on 7/30/2021, answer due 9/28/2021, filed.(Ramos, Donato) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
9

RETURN of Service of SUMMONS Executed as to Alejandro Mayorkas served on 7/26/2021, answer due 9/24/2021, filed.(Ramos, Donato) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
10

RETURN of Service of SUMMONS Executed as to United States Department of Homeland Security served on 7/26/2021, answer due 9/24/2021, filed.(Ramos, Donato) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
11

MOTION for Michael J. Gerardi to Appear Pro Hac Vice by Joseph R. Biden, Alejandro Mayorkas, United States Department of Homeland Security, filed. Motion Docket Date 9/14/2021. (Gerardi, Michael) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
12

MOTION for Andrew I. Warden to Appear Pro Hac Vice by Joseph R. Biden, Alejandro Mayorkas, United States Department of Homeland Security, filed. Motion Docket Date 9/14/2021. (Warden, Andrew) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
13

ORDER granting 11 Motion for Michael J. Gerardi to Appear Pro Hac Vice.(Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
14

ORDER granting 12 Motion for Andrew I. Warden to Appear Pro Hac Vice.(Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
15

Unopposed MOTION for Continuance of Joint Discovery / Case Management Plan and Initial Pretrial and Scheduling Conference by Joseph R. Biden, Alejandro Mayorkas, United States Department of Homeland Security, filed. Motion Docket Date 9/15/2021. (Attachments: # 1 Proposed Order)(Gerardi, Michael) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
16

ORDER re 15 Unopposed MOTION for Continuance. (Joint Discovery/Case Management Plan due by 11/5/2021. Initial Conference reset for 11/16/2021 at 09:00 AM before Judge Micaela Alvarez)(Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

RECAP
17

Proof of Mailing Summons by The General Land Office of the State of Texas, filed. (Attachments: # 1 Continuation, # 2 Continuation)(Ramos, Donato) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
18

MOTION to Dismiss 1 Complaint by Joseph R. Biden, Alejandro Mayorkas, United States Department of Homeland Security, filed. Motion Docket Date 11/8/2021. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order)(Gerardi, Michael) (Entered: 10/18/2021)

1 Exhibit 1

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2 Exhibit 2

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3 Proposed Order

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Oct. 18, 2021

Oct. 18, 2021

RECAP
19

Joint MOTION to Modify Briefing Schedule and for Vacatur of Pretrial Deadlines as to 16 Order, by Joseph R. Biden, Alejandro Mayorkas, United States Department of Homeland Security, filed. Motion Docket Date 11/12/2021. (Attachments: # 1 Proposed Order)(Gerardi, Michael) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
20

MOTION to Consolidate Lead Case No. 7:21-cv-00272 and Member Case No. 6:21-cv-00052 by Joseph R. Biden, Alejandro Mayorkas, United States Department of Homeland Security, filed. Motion Docket Date 11/15/2021. (Attachments: # 1 Exhibit A (Complaint in Missouri v. Biden), # 2 Proposed Order)(Gerardi, Michael) (Entered: 10/25/2021)

1 Exhibit A (Complaint in Missouri v. Biden)

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2 Proposed Order

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Oct. 25, 2021

Oct. 25, 2021

PACER
21

ORDER. Initial Conference set for 2/15/2022 at 09:00 AM before Judge Micaela Alvarez(Signed by Judge Micaela Alvarez) Parties notified.(SandraSilva, 7) (Entered: 11/03/2021)

Nov. 3, 2021

Nov. 3, 2021

RECAP
22

RESPONSE to 20 MOTION to Consolidate Lead Case No. 7:21-cv-00272 and Member Case No. 6:21-cv-00052, filed by State of Missouri, State of Texas. (Attachments: # 1 Proposed Order)(Osete, Jesus) (Entered: 11/23/2021)

1 Proposed Order

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Nov. 23, 2021

Nov. 23, 2021

RECAP
23

ORDER regarding 20 Motion to Consolidate Cases. (Signed by Judge Micaela Alvarez) Parties notified.(klopez, 7) (Entered: 11/30/2021)

Nov. 29, 2021

Nov. 29, 2021

RECAP
24

RESPONSE in Opposition to Missouri Plaintiffs' Motion for a Preliminary Injunction, filed by Joseph R. Biden, Alejandro Mayorkas, Troy A. Miller, United States Customs and Border Protection, United States Department of Homeland Security, United States Of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order)(Gerardi, Michael) (Entered: 12/08/2021)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Proposed Order

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Dec. 8, 2021

Dec. 8, 2021

RECAP
25

**STRICKEN BY 26 ORDER** AMENDED COMPLAINT against Joseph R. Biden, Alejandro Mayorkas, United States Department of Homeland Security filed by George P Bush, The General Land Office of the State of Texas. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Ramos, Donato). Modified on 12/14/2021 (klopez, 7). (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

PACER
26

ORDER RE 25 AMENDED COMPLAINT (Signed by Judge Micaela Alvarez) Parties notified.(klopez, 7) (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

PACER
27

NOTICE of Appearance by Cory R. Liu on behalf of George P Bush, The General Land Office of the State of Texas, filed. (Liu, Cory) (Entered: 12/15/2021)

Dec. 15, 2021

Dec. 15, 2021

PACER
28

NOTICE of Appearance by Austin R. Nimocks on behalf of George P Bush, The General Land Office of the State of Texas, filed. (Liu, Cory) (Entered: 12/15/2021)

Dec. 15, 2021

Dec. 15, 2021

PACER
29

Joint MOTION for Extension of Time to File Amended Complaint and Motion to Dismiss by George P Bush, The General Land Office of the State of Texas, filed. Motion Docket Date 1/5/2022. (Attachments: # 1 Proposed Order)(Liu, Cory) (Entered: 12/15/2021)

Dec. 15, 2021

Dec. 15, 2021

PACER
30

REPLY in Support of Plaintiff States' Motion for Preliminary Injunction, filed by State Of Texas, State of Missouri. (Osete, Jesus) (Entered: 12/17/2021)

Dec. 17, 2021

Dec. 17, 2021

PACER
31

RESPONSE in Opposition to 18 MOTION to Dismiss 1 Complaint, filed by George P Bush. (Ramos, Donato) (Entered: 12/17/2021)

Dec. 17, 2021

Dec. 17, 2021

PACER
32

REPLY in Support of Preliminary Injunction, filed by George P Bush, The General Land Office of the State of Texas. (Attachments: # 1 Exhibit Exhibit 1 - Declaration of Colonel McFadden, # 2 Exhibit Exhibit 2 - Letter of Border Chief Rodney Scott)(Liu, Cory) (Entered: 12/17/2021)

Dec. 17, 2021

Dec. 17, 2021

PACER
33

ORDER re 29 Joint MOTION for Extension of Time to File Amended Complaint and Motion to Dismiss (Amended Complaint due by 12/22/2021, Joint Discovery/Case Management Plan due by 4/8/2022, Initial Conference reset for 4/19/2022 at 09:00 AM before Judge Micaela Alvarez)(Signed by Judge Micaela Alvarez) Parties notified.(klopez, 7) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

RECAP
34

First AMENDED COMPLAINT against Joseph R. Biden, Alejandro Mayorkas, United States Department of Homeland Security filed by George P Bush, The General Land Office of the State of Texas. (Attachments: # 1 Exhibit 1 - Border Chief Rodney Scott Letter, # 2 Exhibit 2- Environmental Impact Statement Timelines, # 3 Exhibit 3- Declaration of Colonel McFadden)(Liu, Cory) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

Clearinghouse
35

MOTION to Dismiss Complaint By the Missouri Plaintiffs (7:21-cv-00420, ECF No. 1) by Joseph R. Biden, Alejandro Mayorkas, Troy A. Miller, United States Customs and Border Protection, United States Department of Homeland Security, United States Of America, filed. Motion Docket Date 1/18/2022. (Attachments: # 1 DoD Plan, # 2 DHS Plan, # 3 Proposed Order)(Gerardi, Michael) (Entered: 12/28/2021)

1 DoD Plan

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2 DHS Plan

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3 Proposed Order

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Dec. 28, 2021

Dec. 28, 2021

PACER
36

MOTION to Dismiss 34 Amended Complaint/Counterclaim/Crossclaim etc., by Joseph R. Biden, Alejandro Mayorkas, Troy A. Miller, United States Customs and Border Protection, United States Department of Homeland Security, United States Of America, filed. Motion Docket Date 1/31/2022. (Attachments: # 1 DoD Plan, # 2 DHS Plan, # 3 Proposed Order)(Gerardi, Michael) (Entered: 01/10/2022)

1 DoD Plan

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2 DHS Plan

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3 Proposed Order

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Jan. 10, 2022

Jan. 10, 2022

RECAP
37

RESPONSE in Opposition to 35 MOTION to Dismiss Complaint By the Missouri Plaintiffs (7:21-cv-00420, ECF No. 1), filed by State Of Texas, State of Missouri. (Attachments: # 1 Proposed Order Proposed Order Denying Motion to Dismiss)(Osete, Jesus) (Entered: 01/18/2022)

1 Proposed Order Proposed Order Denying Motion to Dismiss

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Jan. 18, 2022

Jan. 18, 2022

PACER
38

REPLY in Support of 35 MOTION to Dismiss Complaint By the Missouri Plaintiffs (7:21-cv-00420, ECF No. 1), filed by Joseph R. Biden, Alejandro Mayorkas, Troy A. Miller, United States Customs and Border Protection, United States Department of Homeland Security, United States Of America. (Gerardi, Michael) (Entered: 01/25/2022)

Jan. 25, 2022

Jan. 25, 2022

RECAP
39

RESPONSE to 36 MOTION to Dismiss 34 Amended Complaint/Counterclaim/Crossclaim etc., filed by George P Bush, The General Land Office of the State of Texas. (Ramos, Donato) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

RECAP
40

Unopposed MOTION for Leave to File Amicus Brief in Opposition to Defendants' Motion to Dismiss by Immigration Reform Law Institute, filed. Motion Docket Date 2/24/2022. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Crapo, Matt) (Entered: 02/03/2022)

Feb. 3, 2022

Feb. 3, 2022

PACER
41

ORDER regarding 40 Motion for Leave to File.(Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

RECAP
42

REPLY in Support of 36 MOTION to Dismiss 34 Amended Complaint/Counterclaim/Crossclaim etc.,, filed by Joseph R. Biden, Alejandro Mayorkas, Troy A. Miller, United States Customs and Border Protection, United States Department of Homeland Security, United States Of America. (Gerardi, Michael) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

RECAP
43

ORDER. The Court cancels the Initial Pretrial Conference set for 4/19/2022. Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (JenniferNogueira, 7). (Entered: 02/22/2022)

Feb. 22, 2022

Feb. 22, 2022

Clearinghouse

~Util - Terminate Deadlines AND Order

Feb. 22, 2022

Feb. 22, 2022

PACER
44

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 43 Order, Terminate Deadlines by State Of Texas, State of Missouri (Filing fee $ 505, receipt number ATXSDC-27801364), filed. (Osete, Jesus) (Entered: 02/25/2022)

Feb. 25, 2022

Feb. 25, 2022

RECAP
45

Clerks Notice of Filing of an Appeal. The following Notice of Appeal is pending in the District Court: 44 Notice of Appeal. Fee status: Paid. Reporter(s): Ricardo Rodriguez, filed. (Attachments: # 1 Notice of Appeal, # 2 Docket Sheet) (AmySanchez, 7) (Additional attachment(s) added on 2/28/2022: # 3 Order) (JenniferNogueira, 7). (Entered: 02/28/2022)

1 Notice of Appeal

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2 Docket Sheet

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3 Order

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Feb. 28, 2022

Feb. 28, 2022

RECAP

Appeal Review Notes re: 44 Notice of Appeal. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.No hearings were held in the case - no transcripts., filed.(AmySanchez, 7)

Feb. 28, 2022

Feb. 28, 2022

PACER

Appeal Review Notes

Feb. 28, 2022

Feb. 28, 2022

PACER

Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 44 Notice of Appeal USCA No. 22-40110, filed.(JenniferNogueira, 7)

March 7, 2022

March 7, 2022

PACER

Electronic Record on Appeal Certified

March 7, 2022

March 7, 2022

PACER

Electronic Access to Record on Appeal Provided re: 44 Notice of Appeal to counsel. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 22-40110), filed.(JenniferNogueira, 7)

March 9, 2022

March 9, 2022

PACER

Transmittal of Appeal (FORM, noticing) - Civil

March 9, 2022

March 9, 2022

PACER

Electronic Access to Record on Appeal Provided re: 44 Notice of Appeal to counsel. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 22-40110), filed.(JenniferNogueira, 7)

March 10, 2022

March 10, 2022

PACER

Transmittal of Appeal (FORM, noticing) - Civil

March 10, 2022

March 10, 2022

PACER
46

Opposed MOTION Motion for Injunction Pending Appeal by State Of Texas, State of Missouri, filed. Motion Docket Date 4/4/2022. (Attachments: # 1 Proposed Order Proposed Order Granting Motion for Injunction Pending Appeal)(Osete, Jesus) (Entered: 03/14/2022)

1 Proposed Order Proposed Order Granting Motion for Injunction Pending Appeal

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March 14, 2022

March 14, 2022

PACER
46

Opposed MOTION Motion for Injunction Pending Appeal by State Of Texas, State of Missouri, filed. Motion Docket Date 4/4/2022. (Attachments: # 1 Proposed Order Proposed Order Granting Motion for Injunction Pending Appeal)(Osete, Jesus) (Entered: 03/14/2022)

1 Proposed Order Proposed Order Granting Motion for Injunction Pending Appeal

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March 14, 2022

March 14, 2022

PACER
47

OPINION AND ORDER regarding 46 Motion.(Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

Clearinghouse

Electronic Access to Record on Appeal Provided re: 44 Notice of Appeal to counsel. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 22-40110), filed.(JenniferNogueira, 7)

March 17, 2022

March 17, 2022

PACER

Transmittal of Appeal (FORM, noticing) - Civil

March 17, 2022

March 17, 2022

PACER

Electronic Access to Record on Appeal Provided re: 44 Notice of Appeal to counsel. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 22-40110), filed.(JenniferNogueira, 7)

April 12, 2022

April 12, 2022

PACER

Transmittal of Appeal (FORM, noticing) - Civil

April 12, 2022

April 12, 2022

PACER

Electronic Access to Record on Appeal Provided re: 44 Notice of Appeal to counsel. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 22-40110), filed.(JenniferNogueira, 7)

April 18, 2022

April 18, 2022

PACER

Transmittal of Appeal (FORM, noticing) - Civil

April 18, 2022

April 18, 2022

PACER
48

Unopposed MOTION for Jesus A. Osete to Withdraw as Attorney by State Of Texas, State of Missouri, filed. Motion Docket Date 6/1/2022. (Attachments: # 1 Proposed Order)(Osete, Jesus) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
49

ORDER re 48 Unopposed MOTION for Jesus A. Osete to Withdraw as Attorney. Attorney Jesus A Osete terminated. (Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 05/16/2022)

May 16, 2022

May 16, 2022

PACER
50

MOTION for Michael E. Talent to Appear Pro Hac Vice by State of Missouri, filed. Motion Docket Date 7/15/2022. (klopez, 7) (Entered: 06/24/2022)

June 24, 2022

June 24, 2022

PACER
51

ORDER regarding 50 Motion to Appear Pro Hac Vice.(Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

PACER
52

NOTICE of Amendment to the Department of Homeland Security's Border Wall Plan by Joseph R. Biden, Alejandro Mayorkas, Troy A. Miller, United States Customs and Border Protection, United States Department of Homeland Security, United States Of America, filed. (Attachments: # 1 Second Enriquez Declaration)(Warden, Andrew) (Entered: 07/12/2022)

1 Second Enriquez Declaration

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July 12, 2022

July 12, 2022

RECAP
53

Supplemental BRIEF Re. Biden v. Texas re: 43 Order, Terminate Deadlines by Joseph R. Biden, Alejandro Mayorkas, Troy A. Miller, United States Customs and Border Protection, United States Department of Homeland Security, United States Of America, filed.(Gerardi, Michael) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

PACER
54

BRIEF in Support of Motion for Preliminary Injunction and Opposition to Defendants' Motion to Dismiss, filed. (Attachments: # 1 Cover Sheet)(JenniferNogueira, 7) (Entered: 07/15/2022)

1 Cover Sheet

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July 15, 2022

July 15, 2022

Clearinghouse
55

USCA Order

1 USCA Letter

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Aug. 1, 2022

Aug. 1, 2022

PACER
56

USCA Order

Aug. 1, 2022

Aug. 1, 2022

PACER
57

OPINION AND ORDER grants in part and denies in part 36 MOTION to Dismiss 34 Amended Complaint/Counterclaim/Crossclaim etc.,, granting 35 MOTION to Dismiss Complaint By the Missouri Plaintiffs (7:21-cv-00420, ECF No. 1). ( Joint Discovery/Case Management Plan due by 9/2/2022., Initial Conference set for 9/13/2022 at 09:00 AM before Judge Micaela Alvarez). State Of Texas and State of Missouri terminated. (Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 08/03/2022)

Aug. 3, 2022

Aug. 3, 2022

Clearinghouse
58

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 57 Order,,, Add and Terminate Parties,, by State Of Texas, State of Missouri (Filing fee $ 505, receipt number ATXSDC-28584268), filed. (Talent, Michael) (Entered: 08/08/2022)

Aug. 8, 2022

Aug. 8, 2022

RECAP
59

Clerks Notice of Filing of an Appeal. The following Notice of Appeal is pending in the District Court: 58 Notice of Appeal. Fee status: Paid. Reporter(s): Ricardo Rodriguez, filed. (Attachments: # 1 Notice of Appeal, # 2 Docket Sheet, # 3 Opinion and Order) (JenniferNogueira, 7) (Entered: 08/09/2022)

Aug. 9, 2022

Aug. 9, 2022

PACER

Appeal Review Notes re: 58 Notice of Appeal. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.No hearings were held in the case - no transcripts. Number of DKT-13 Forms expected: 1, filed.(JenniferNogueira, 7)

Aug. 9, 2022

Aug. 9, 2022

PACER

Clerks Notice of Filing of an Appeal (FORM,noticing) - Civil

Aug. 9, 2022

Aug. 9, 2022

PACER

Appeal Review Notes

Aug. 9, 2022

Aug. 9, 2022

PACER
60

DKT13 TRANSCRIPT ORDER REQUEST by Talent. No hearings This order form relates to the following: 58 Notice of Appeal, filed.(Talent, Michael) (Entered: 08/10/2022)

Aug. 10, 2022

Aug. 10, 2022

PACER
61

ANSWER to 34 Amended Complaint/Counterclaim/Crossclaim etc., by Alejandro Mayorkas, United States Department of Homeland Security, filed.(Gerardi, Michael) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

PACER

Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 44 Notice of Appeal USCA No. 22-40526, filed.(JenniferNogueira, 7)

Aug. 30, 2022

Aug. 30, 2022

PACER

Electronic Record on Appeal Certified

Aug. 30, 2022

Aug. 30, 2022

PACER

Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 58 Notice of Appeal USCA No. 22-40526, filed.(JenniferNogueira, 7)

Aug. 31, 2022

Aug. 31, 2022

PACER

Electronic Record on Appeal Certified

Aug. 31, 2022

Aug. 31, 2022

PACER

Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 58 Notice of Appeal USCA No. 22-40526, filed.(JenniferNogueira, 7)

Sept. 1, 2022

Sept. 1, 2022

PACER

Electronic Access to Record on Appeal Provided re: 58 Notice of Appeal to counsel. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 22-40526), filed.(JenniferNogueira, 7)

Sept. 1, 2022

Sept. 1, 2022

PACER

Electronic Record on Appeal Certified

Sept. 1, 2022

Sept. 1, 2022

PACER

Transmittal of Appeal (FORM, noticing) - Civil

Sept. 1, 2022

Sept. 1, 2022

PACER
62

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Joseph R. Biden, Alejandro Mayorkas, United States Department of Homeland Security, filed.(Gerardi, Michael) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

RECAP
63

Joint MOTION Unopposed by Plaintiffs and Defendants to Appear Remotely for Initial Pretrial and Scheduling Conference Set for September 13, 2022 by Joseph R. Biden, Alejandro Mayorkas, United States Department of Homeland Security, filed. Motion Docket Date 9/29/2022. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Entered: 09/08/2022)

1 Proposed Order

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Sept. 8, 2022

Sept. 8, 2022

PACER
64

*INADVERTENTLY DOCKETED* OPINION AND ORDER (Discovery due by 3/17/2023, Final Pretrial Conference set for 9/19/2023 at 09:00 AM before Judge Micaela Alvarez), (Signed by Judge Micaela Alvarez) Parties notified.(klopez, 7) *Modified on 9/9/2022 (klopez, 7). (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER
65

OPINION AND ORDER. (Defendants file administrative record by 10/14/2022, Plaintiffs' challenge by 11/14/2022, Discovery due by 3/17/2023. Plaintiff's Motion for Summary Judgment due by 4/14/2023. Defendants' cross-motion due by 5/12/2023, Plaintiffs' reply due by 6/23/2023, Defendants reply due by 7/21/2023, Final Pretrial Conference set for 9/19/2023 at 09:00 AM before Judge Micaela Alvarez), Deadlines terminated. (Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

Clearinghouse
66

ADMINISTRATIVE TRANSCRIPT/RECORD from Department of Homeland Security by Alejandro Mayorkas, United States Department of Homeland Security, filed. (Attachments: # 1 Certification of Administrative Record, # 2 Index of Administrative Record, # 3 Administrative Record - Part 1, # 4 Administrative Record - Part 2, # 5 Administrative Record - Part 3, # 6 Administrative Record - Part 4, # 7 Administrative Record - Part 5)(Warden, Andrew) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

PACER
67

Unopposed MOTION for Donato D. Ramos and Donato D. Ramos, Jr. to Withdraw as Attorney by George P Bush, The General Land Office of the State of Texas, filed. Motion Docket Date 12/2/2022. (Attachments: # 1 Proposed Order)(Ramos, Donato) (Entered: 11/11/2022)

Nov. 11, 2022

Nov. 11, 2022

PACER
68

Opposed MOTION to Compel Introduction of Additional Materials to and Supplementation of the Administrative Record and Production of Privilege Log by George P Bush, The General Land Office of the State of Texas, filed. Motion Docket Date 12/5/2022. (Attachments: # 1 Proposed Order)(Liu, Cory) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
69

ORDER re 67 Unopposed MOTION for Donato D. Ramos and Donato D. Ramos, Jr. to Withdraw as Attorney, Attorney Donato D Ramos and Donato David Ramos, Jr terminated(Signed by Judge Micaela Alvarez) Parties notified.(klopez, 7) (Entered: 11/16/2022)

Nov. 16, 2022

Nov. 16, 2022

PACER
70

RESPONSE in Opposition to 68 Opposed MOTION to Compel Introduction of Additional Materials to and Supplementation of the Administrative Record and Production of Privilege Log, filed by Alejandro Mayorkas, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Entered: 12/05/2022)

Dec. 5, 2022

Dec. 5, 2022

PACER
71

REPLY in Support of 68 Opposed MOTION to Compel Introduction of Additional Materials to and Supplementation of the Administrative Record and Production of Privilege Log, filed by George P Bush, The General Land Office of the State of Texas. (Liu, Cory) (Entered: 12/12/2022)

Dec. 12, 2022

Dec. 12, 2022

PACER
72

Unopposed MOTION for Austin R. Nimocks to Withdraw as Attorney by George P Bush, The General Land Office of the State of Texas, filed. Motion Docket Date 1/3/2023. (Attachments: # 1 Proposed Order Proposed Order Granting Motion to Withdraw)(Nimocks, David Austin R.) (Entered: 12/13/2022)

Dec. 13, 2022

Dec. 13, 2022

PACER
73

ORDER re 72 Unopposed MOTION for Austin R. Nimocks to Withdraw as Attorney. Attorney David Austin R. Nimocks terminated. (Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 12/15/2022)

Dec. 15, 2022

Dec. 15, 2022

PACER

Case Details

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 13, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The General Land Office of the State of Texas and its commissioner

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief granted

Order Duration: 2024 - None

Issues

General/Misc.:

Funding

Immigration/Border:

Border wall