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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

The Commissioner of the Texas General Land Office, George P. Bush, sued President Biden, the Department of Homeland Security, and the Department's Secretary on July 13, 2021, in the United States District Court for the Southern District of Texas. The plaintiff challenged President Biden's proclamation ordering the Department to stop construction of the wall on the southern border for which Congress had appropriated money. The plaintiff alleged that the proclamation and DHS's observance of it vi…

The Commissioner of the Texas General Land Office, George P. Bush, sued President Biden, the Department of Homeland Security, and the Department's Secretary on July 13, 2021, in the United States District Court for the Southern District of Texas. The plaintiff challenged President Biden's proclamation ordering the Department to stop construction of the wall on the southern border for which Congress had appropriated money. The plaintiff alleged that the proclamation and DHS's observance of it violated several constitutional and statutory laws. The plaintiff asserted that the action violated the constitutional separation of powers, as well as the Appropriations Clause, Take Care Clause, and Presentment Clause. He also claimed that the action violated appropriations statutes, the Illegal Immigration Reform and Immigrant Responsibility Act, and substantive and procedural requirements of the Administrative Procedure Act. Substantively, the plaintiff asserted that the action was arbitrary, capricious, an abuse of discretion, contrary to constitutional law, and ultra vires. Meanwhile, the plaintiff asserted that the Department failed to follow required notice-and-comment procedures. The plaintiff sought declaratory and injunctive relief and litigation costs. The case was originally assigned to Judge Ricardo Hinojosa, who recused himself two days after the complaint was filed and was replaced by Judge Micaela Alvarez.


On October 21, 2021, the state of Missouri sued the same defendants plus United States Customs and Border Protection in the same court on similar grounds. Four days later, the defendants moved to consolidate the two cases, and the court granted that motion on November 29, 2021, with the Missouri case consolidated into the Texas case.


The Commissioner filed an amended complaint on December 22, 2021, adding a claim that the challenged action violated the Regulatory Flexibility Act, 5 U.S.C. § 603(a). The defendants had first moved to dismiss the original complaint on October 18, 2021, but the plaintiff amended his complaint before the court ruled on that motion. The defendants moved to dismiss the amended complaint on January 10, 2022, asserting that the Commissioner lacked standing and a cause of action, that his statutory and constitutional claims failed, and that the President was not an appropriate defendant. The court did not rule on this motion either, but instead issued a stay on February 22, 2022. The stay was based on the Supreme Court's granting of certiorari in Biden v. Texas, 142 S. Ct. 1098, a case in which Texas challenged the Biden administration's suspension of the Department of Homeland Security's Migrant Protection Protocols.


In the court’s August 3 opinion and order, the court found that Texas had violated the rule against claim splitting, warranting the dismissal of the State of Texas as an independent party to protect the defendant from being harassed by repetitive actions based on the same claim. The government pressed on the Court that Missouri as a plaintiff should also be dismissed, based on their tenuous claim of being inundated with requests for driver’s licenses by newly-migrated individuals. In arguing this, Missouri relies heavily on a Fifth Circuit case, Texas v. Biden, that the Supreme Court reversed and remanded in June 2022. The Court also finds that Missouri’s standing is too highly attenuated, and grants the government’s motion to dismiss Missouri as a plaintiff.
 
The Court dismisses Texas and Missouri as plaintiffs entirely, leaving the only remaining claims counts seven and eight, Commissioner Bush’s APA claims.

Summary Authors

Kevin Decker (4/5/2022)

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
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
47

7:21-cv-00272

Opinion and Order

The General Land Office v. Biden

March 15, 2022

March 15, 2022

Order/Opinion
54

7:21-cv-00272

Plaintiff States' Supplmenatal 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

Docket

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

Last updated Sept. 29, 2022, 11:26 a.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

Feb. 28, 2022

Feb. 28, 2022

PACER

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

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

Transmittal of Appeal (FORM, noticing) - Civil

March 10, 2022

March 10, 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
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

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)

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

Transmittal of Appeal (FORM, noticing) - Civil

April 18, 2022

April 18, 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
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

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
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

Aug. 30, 2022

Aug. 30, 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 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

Transmittal of Appeal (FORM, noticing) - Civil

Sept. 1, 2022

Sept. 1, 2022

PACER

Electronic Record on Appeal Certified

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
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

View on PACER

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

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:

State commissioner

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Border wall