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

On August 11, 2023, the case was transferred to Judge Drew B. Tipton for efficiency reasons. As of October 1, 2023, this case was ongoing, with the preliminary injunction still under consideration by the court.

show full summary

Summary Authors

Kevin Decker (4/5/2022)

Saba Khan (5/19/2023)

Micah Pollens-Dempsey (10/1/2023)

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

Judge(s)

Alvarez, Micaela (Texas)

Attorney for Plaintiff

Al-Fuhaid, Munera (Texas)

Attorney, Ryan Daniel (Texas)

Baasch, Ryan (Texas)

Johnson, Jeff (Texas)

Jr, Donato David (Texas)

Liu, Cory (Texas)

Nimocks, David Austin (Texas)

Peele, Christopher Leigh (Texas)

Ramos, Donato D (Texas)

Reitz, Aaron Francis (Texas)

Walters, Ryan Daniel (Texas)

Attorney for Defendant

Attorney, Anne M. (Texas)

Divine, Joshua M. (Texas)

Gerardi, Michael J. (Texas)

Green, Maddie McMillian (Texas)

Mundell, Amanda (Texas)

Osete, Jesus A (Texas)

Raab, Michael S. (Texas)

Sauer, Dean John (Texas)

Shih, Michael (Texas)

Talent, Michael E (Texas)

Warden, Andrew Irwin (Texas)

Expert/Monitor/Master/Other

Crapo, Matt A (Texas)

Attorney Contact Information via CourtListener

show all people

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

show / hide documents

Resources

Title	Description		External URL Date / External URL
Bush v. Biden (TX Border Wall) - District Court	This case challenges the Biden Administration’s cessation of border wall construction. It originally began as two separate cases. In July 2021, George P. Bush filed suit on behalf of the General …	Dec. 6, 2022	Dec. 6, 2022 https://litigationtracker.justiceactioncenter.org/...

show / hide 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 18, 2024, 11:15 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 View on PACER	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 View on PACER 2 Exhibit 2 View on PACER 3 Proposed Order View on PACER	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) View on PACER 2 Proposed Order View on PACER	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 View on PACER	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 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Proposed Order View on PACER	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 View on PACER 2 DHS Plan View on PACER 3 Proposed Order View on PACER	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 View on RECAP 2 DHS Plan View on RECAP 3 Proposed Order View on RECAP	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 View on PACER	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 View on PACER 2 Docket Sheet View on PACER 3 Order View on PACER	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 View on PACER	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 View on PACER	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 View on PACER	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 View on PACER	July 15, 2022	July 15, 2022 Clearinghouse
55	USCA Order 1 USCA Letter View on PACER	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 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 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