Case: Coe v. Biden

3:21-cv-00168 | U.S. District Court for the Southern District of Texas

Filed Date: July 1, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the Biden administration’s policies and protocols for the deportation of undocumented individuals. On July 1, 2021, the plaintiffs—including seven Texas counties and a nonprofit association of federal police officers—filed this lawsuit in the Southern Division of Texas. The counties sued President Biden, the Department of Homeland Security, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection, under the Immigration and Nationality Act (“INA”), th…

This is a case about the Biden administration’s policies and protocols for the deportation of undocumented individuals. On July 1, 2021, the plaintiffs—including seven Texas counties and a nonprofit association of federal police officers—filed this lawsuit in the Southern Division of Texas. The counties sued President Biden, the Department of Homeland Security, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection, under the Immigration and Nationality Act (“INA”), the Administrative Procedure Act (“APA”), and the United States Constitution. Represented by public interest counsel, the counties sought an injunction against the implementation of the Biden administration’s guidance for the detention and removal of undocumented individuals. They claimed that this guidance—which prioritized the detention and deportation of noncitizens who had been convicted of certain crimes and required approval for the detention and removal of non priority noncitizens—violated the mandates of the INA and was disallowed by the APA. The case was assigned to Judge Jeffrey V. Brown.

Immediately following filing of the complaint, the counties asked the court for a preliminary injunction stopping this policy from taking effect. In September 2021, however, new enforcement guidance was issued that superseded the guidance that the plaintiffs originally challenged. The plaintiffs amended their complaint on October 8, 2021 to challenge this new guidance as well.

In February 2022, the court denied the request for an injunction, reasoning that the same issue was before the Fifth Circuit in a different case, Texas v. United States. In the meantime, the defendants moved to dismiss the case. As of April 2022, the case is ongoing with the plaintiffs' motion to reconsider the denial of injunctive relief and the defendants' motion to dismiss both pending before the district court.

Summary Authors

Jane Fisher (4/6/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60031737/parties/coe-v-biden/

Documents in the Clearinghouse

Document
1

3:21-cv-00168

Complaint

July 1, 2021

July 1, 2021

Complaint
59

3:21-cv-00168

Second Amended Complaint

Oct. 8, 2021

Oct. 8, 2021

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60031737/coe-v-biden/

Last updated June 6, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0541-26681741) filed by Galveston County, J.W. Guthrie, The Federal Police Foundation, Ice Officers Division, Rand Henderson, Brad Coe, Emmett Shelton, Arvin West.(Poole, Douglas) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

Clearinghouse
2

MOTION for Kris W. Kobach to Appear Pro Hac Vice by Brad Coe, filed. Motion Docket Date 7/22/2021. (MarySanchez, 3) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER
3

MOTION for Brent P Smith to Appear Pro Hac Vice by Brad Coe, filed. Motion Docket Date 7/22/2021. (CynthiaBenavides, 3) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER
4

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/22/2021 at 09:00 AM in by video before Magistrate Judge Andrew M Edison(Signed by Judge Jeffrey V Brown) Parties notified.(agould, 3) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER
5

ORDER granting 2 Motion for Kris W. Kobach to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER
6

ORDER granting 3 Motion for Brent P. Smith to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER

*** Party Galveston County terminated. Added in error. (GeorgeCardenas, 4)

July 6, 2021

July 6, 2021

PACER

Add and Terminate Parties

July 6, 2021

July 6, 2021

PACER
7

MOTION for Preliminary Injunction by Brad Coe, filed. Motion Docket Date 7/29/2021. (Attachments: # 1 Affidavit Affidavit of Brad Coe, # 2 Proposed Order Proposed Order Granting Preliminary Injunction)(Kobach, Kris) (Entered: 07/08/2021)

1 Affidavit Affidavit of Brad Coe

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2 Proposed Order Proposed Order Granting Preliminary Injunction

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July 8, 2021

July 8, 2021

RECAP
8

MOTION for Leave to File Affidavit Under Seal by Brad Coe, filed. Motion Docket Date 7/29/2021. (Attachments: # 1 Proposed Order Proposed Order Granting Motion to File Under Seal)(Kobach, Kris) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
9

SEALED EXHIBITS re: 8 MOTION for Leave to File Affidavit Under Seal by Brad Coe, filed. (Kobach, Kris) (Entered: 07/09/2021)

July 9, 2021

July 9, 2021

PACER
10

Opposed MOTION to Stay by Joseph R Biden, Jr, Alejandro Mayorkas, Troy Miller, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. Motion Docket Date 8/2/2021. (Attachments: # 1 Exhibit 2A, # 2 Exhibit B, # 3 Proposed Order)(Hu, Daniel) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER
11

RESPONSE to 10 Opposed MOTION to Stay filed by Brad Coe, Edwards County, Texas, Federal Police Foundation, ICE Officers Division, J.W. Guthrie, Rand Henderson, Hudspeth County, Texas, Kinney County, Texas, McMullen County, Texas, Emmett Shelton, Arvin West. (Kobach, Kris) (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

PACER
12

ORDER Responses due by 7/16/2021.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

PACER
13

REPLY to Response to 10 Opposed MOTION to Stay, filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Department of Homeland Security. (Hu, Daniel) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
14

ORDER granting 10 Motion to Stay.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

RECAP
15

MOTION for Christopher J. Hajec to Appear Pro Hac Vice by Brad Coe, et al., filed. Motion Docket Date 8/4/2021. (MarySanchez, 3) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
16

ORDER granting 15 Motion for Christopher J. Hajec to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 07/15/2021)

July 15, 2021

July 15, 2021

PACER
17

COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0541-26753492) filed by Federal Police Foundation, ICE Officers Division, McMullen County, Texas, Brad Coe, Edwards County, Texas, Hudspeth County, Texas, J.W. Guthrie, Emmett Shelton, Kinney County, Texas, Arvin West.(Kobach, Kris) (Entered: 07/15/2021)

July 15, 2021

July 15, 2021

RECAP
18

Request for Issuance of Summons as to Brad Coe, Edwards County, Texas, Federal Police Foundation, ICE Officers Division, J.W. Guthrie, Hudspeth County, Texas, Kinney County, Texas, McMullen County, Texas, Emmett Shelton, Arvin West, Attorney General of the United States, US Attorney for the Southern District of Texas, filed. (Attachments: # 1 Summons to ICE, # 2 Summons to Mayorkas, # 3 Summons to Johnson, # 4 Summons to USA, # 5 Summons to Miller, # 6 Summons to SD Tex US Atty, # 7 Summons to USAG, # 8 Summons to CBP, # 9 Summons to DHS)(Kobach, Kris) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
19

Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by First-class mail, filed.(CynthiaBenavides, 3) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
20

NOTICE by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. (Attachments: # 1 Exhibit A)(Rosen-Shaud, Brian) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
21

MOTION for Brian C. Rosen-Shaud to Appear Pro Hac Vice by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. Motion Docket Date 8/17/2021. (Rosen-Shaud, Brian) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
22

NOTICE of Decision by Victoria Division not to Consolidate re: 14 Order on Motion to Stay by Brad Coe, Edwards County, Texas, Federal Police Foundation, ICE Officers Division, J.W. Guthrie, Hudspeth County, Texas, Kinney County, Texas, McMullen County, Texas, Emmett Shelton, Arvin West, filed. (Attachments: # 1 Appendix Order of Victoria Division re Consolidation)(Kobach, Kris) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
23

ORDER to lift stay. Responses due by 8/12/2021.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 07/29/2021)

July 29, 2021

July 29, 2021

PACER
24

ORDER granting 21 Motion for Brian C. Rosen-Shaud to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 07/29/2021)

July 29, 2021

July 29, 2021

PACER
25

ORDER (Signed by Magistrate Judge Andrew M Edison) Parties notified.(ltrevino, 3) (Entered: 07/29/2021)

July 29, 2021

July 29, 2021

RECAP
26

CERTIFICATE OF INTERESTED PARTIES by Brad Coe, Edwards County, Texas, Federal Police Foundation, ICE Officers Division, J.W. Guthrie, Hudspeth County, Texas, Kinney County, Texas, McMullen County, Texas, Emmett Shelton, Arvin West, Busby Larry, Live Oak County, Larry R. Busby, filed.(Kobach, Kris) (Entered: 07/30/2021)

July 30, 2021

July 30, 2021

PACER
27

NOTICE of Appearance by Brian C. Rosen-Shaud on behalf of Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. (Rosen-Shaud, Brian) (Entered: 08/03/2021)

Aug. 3, 2021

Aug. 3, 2021

PACER
28

MOTION for Adam D. Kirschner to Appear Pro Hac Vice by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. Motion Docket Date 8/24/2021. (Rosen-Shaud, Brian) (Entered: 08/03/2021)

Aug. 3, 2021

Aug. 3, 2021

PACER
29

Unopposed MOTION for Leave to File Excess Pages, Unopposed MOTION for Extension of Time for Plaintiffs' Reply( Motion Docket Date 8/25/2021.) by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. (Attachments: # 1 Proposed Order)(Rosen-Shaud, Brian) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

PACER
30

ORDER granting 29 Motion for Leave to File Excess Pages.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 08/05/2021)

Aug. 5, 2021

Aug. 5, 2021

PACER
31

ORDER granting 28 Motion for Adam Kirschner to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER
32

Opposed MOTION to Transfer Case to Western District of Texas by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. Motion Docket Date 9/2/2021. (Attachments: # 1 Charles Declaration, # 2 Proposed Order)(Rosen-Shaud, Brian) (Entered: 08/12/2021)

1 Charles Declaration

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2 Proposed Order

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Aug. 12, 2021

Aug. 12, 2021

RECAP
33

RESPONSE in Opposition to 7 MOTION for Preliminary Injunction, filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA. (Attachments: # 1 DHS Memo, # 2 ICE Memo, # 3 Berg Declaration, # 4 Proposed Order)(Rosen-Shaud, Brian) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER
34

RESPONSE in Opposition to 8 MOTION for Leave to File Affidavit Under Seal, filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order)(Rosen-Shaud, Brian) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER
35

Unopposed MOTION for Leave to File Amicus Brief by American Civil Liberties Union, American Civil Liberties Union of Texas, filed. Motion Docket Date 9/3/2021. (Attachments: # 1 Proposed Brief, # 2 Proposed Order)(Huddleston, Kathryn) (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

PACER
36

NOTICE of Supplemental Authority by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. (Attachments: # 1 Exhibit A - Arizona District Court Order, # 2 Exhibit B - Arizona Ninth Circuit Order)(Rosen-Shaud, Brian) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
37

NOTICE of Appearance by Adam Kirschner on behalf of Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. (Kirschner, Adam) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
38

ORDER granting 35 Motion for Leave to File an Amicus Brief.(Signed by Judge Jeffrey V Brown) Parties notified.(ltrevino, 3) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
39

REPLY in Support of 8 MOTION for Leave to File Affidavit Under Seal, filed by Larry R. Busby, Brad Coe, Edwards County, Texas, Federal Police Foundation, ICE Officers Division, J.W. Guthrie, Hudspeth County, Texas, Kinney County, Texas, Live Oak County, McMullen County, Texas, Emmett Shelton, Arvin West. (Kobach, Kris) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
40

REPLY in Support of 7 MOTION for Preliminary Injunction, filed by Larry R. Busby, Brad Coe, Edwards County, Texas, Federal Police Foundation, ICE Officers Division, J.W. Guthrie, Hudspeth County, Texas, Kinney County, Texas, Live Oak County, McMullen County, Texas, Emmett Shelton, Arvin West. (Attachments: # 1 Affidavit Affidavit of J.W. Guthrie, # 2 Affidavit Affidavit of Emmett Shelton)(Kobach, Kris) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
41

MOTION to Seal Affidavit by Larry R. Busby, Brad Coe, Edwards County, Texas, Federal Police Foundation, ICE Officers Division, J.W. Guthrie, Hudspeth County, Texas, Kinney County, Texas, Live Oak County, McMullen County, Texas, Emmett Shelton, Arvin West, filed. Motion Docket Date 9/15/2021. (Kobach, Kris) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
42

SEALED DOCUMENT Supplementary Affidavit of Federal Police Foundation by Larry R. Busby, Brad Coe, Edwards County, Texas, Federal Police Foundation, ICE Officers Division, J.W. Guthrie, Hudspeth County, Texas, Kinney County, Texas, Live Oak County, McMullen County, Texas, Emmett Shelton, Arvin West, filed. (Kobach, Kris) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
43

MOTION for Joinder by Larry R. Busby, Brad Coe, Edwards County, Texas, Federal Police Foundation, ICE Officers Division, J.W. Guthrie, Hudspeth County, Texas, Kinney County, Texas, Live Oak County, McMullen County, Texas, Emmett Shelton, Arvin West, filed. Motion Docket Date 9/16/2021. (Attachments: # 1 Proposed Order Granting Motion for Joinder of Additional Plaintiffs)(Kobach, Kris) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

PACER
44

NOTICE by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. (Rosen-Shaud, Brian) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
45

RESPONSE in Opposition to 32 Opposed MOTION to Transfer Case to Western District of Texas, filed by Larry R. Busby, Brad Coe, Edwards County, Texas, Federal Police Foundation, ICE Officers Division, J.W. Guthrie, Hudspeth County, Texas, Kinney County, Texas, Live Oak County, McMullen County, Texas, Emmett Shelton, Arvin West. (Kobach, Kris) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
46

REPLY in Support of 32 Opposed MOTION to Transfer Case to Western District of Texas, filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA. (Rosen-Shaud, Brian) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
47

Joint MOTION for Continuance of Case Management Conference by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. Motion Docket Date 10/5/2021. (Attachments: # 1 Proposed Order)(Rosen-Shaud, Brian) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

PACER
48

RESPONSE in Opposition to 43 MOTION for Joinder, filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA. (Rosen-Shaud, Brian) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
49

ORDER denying 47 Motion for Continuance.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
50

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed.(Rosen-Shaud, Brian) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
51

CERTIFICATE OF INTERESTED PARTIES by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed.(Rosen-Shaud, Brian) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER
52

NOTICE of Supplemental Authority by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. (Attachments: # 1 Exhibit Fifth Circuit Decision)(Rosen-Shaud, Brian) (Entered: 09/16/2021)

1

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Sept. 16, 2021

Sept. 16, 2021

PACER
53

REPLY in Support of 43 MOTION for Joinder, filed by Larry R. Busby, Brad Coe, Edwards County, Texas, Federal Police Foundation, ICE Officers Division, J.W. Guthrie, Hudspeth County, Texas, Kinney County, Texas, Live Oak County, McMullen County, Texas, Emmett Shelton, Arvin West. (Kobach, Kris) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

PACER
54

NOTICE Regarding Supplemental Authority re: 52 Notice (Other), by Larry R. Busby, Brad Coe, Edwards County, Texas, Federal Police Foundation, ICE Officers Division, J.W. Guthrie, Hudspeth County, Texas, Kinney County, Texas, Live Oak County, McMullen County, Texas, Emmett Shelton, Arvin West, filed. (Attachments: # 1 Supplement Stay Decision in Texas v. U.S.)(Kobach, Kris) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

PACER

Minute Entry for proceeding held before Magistrate Judge Andrew M Edison on September 22,2021. Initial Conference held. Docket Control Order to be entered. Appearances :Kris Kobach and Doug Poole for Plaintiffs; Brian Rosen-Shaud, Daniel Hu and Adam Kirschner for Defendants Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA. (ERO. L. Trevino), filed.(rcastro, 4)

Sept. 22, 2021

Sept. 22, 2021

PACER
55

DOCKET CONTROL ORDER. Pltf Expert Witness List due by 6/3/2022. Pltf Expert Report due by 6/3/2022. Deft Expert Witness List due by 7/8/2022. Deft Expert Report due by 7/8/2022. Discovery due by 9/23/2022. Dispositive Motion Filing due by 9/30/2022. Non-Dispositive Motion Filing due by 11/18/2022. Exchange Pretrial Materials due by 1/6/2023. Docket Call set for 1/13/2023 at 09:30 AM in Sixth Floor Courtroom Galveston before Judge Jeffrey V Brown(Signed by Magistrate Judge Andrew M Edison) Parties notified.(CynthiaBenavides, 3) (Entered: 09/23/2021)

Sept. 22, 2021

Sept. 22, 2021

PACER
56

CERTIFICATE OF SERVICE by Larry R. Busby, Brad Coe, Edwards County, Texas, Federal Police Foundation, ICE Officers Division, J.W. Guthrie, Hudspeth County, Texas, Kinney County, Texas, Live Oak County, McMullen County, Texas, Emmett Shelton, Arvin West, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Kobach, Kris) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

PACER
57

ORDER granting 43 Motion for Joinder.(Signed by Judge Jeffrey V Brown) Parties notified.(agould, 3) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

RECAP
58

NOTICE of New Enforcement Priorities by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. (Attachments: # 1 Guidelines for the Enforcement of Civil Immigration Law)(Rosen-Shaud, Brian) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

PACER
59

Second AMENDED COMPLAINT against All Defendants filed by Live Oak County, Federal Police Foundation, ICE Officers Division, McMullen County, Texas, Brad Coe, Galveston County, Larry R. Busby, Edwards County, Texas, Hudspeth County, Texas, J.W. Guthrie, Nathan Johnson, Emmett Shelton, Kinney County, Texas, Real County, Arvin West.(Kobach, Kris) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

Clearinghouse
60

NOTICE by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. (Attachments: # 1 Exhibit A)(Rosen-Shaud, Brian) (Entered: 12/03/2021)

1 Exhibit A

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Dec. 3, 2021

Dec. 3, 2021

RECAP
61

Unopposed MOTION for Leave to File Excess Pages by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. Motion Docket Date 1/3/2022. (Attachments: # 1 Proposed Order)(Rosen-Shaud, Brian) (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

PACER
62

MOTION to Dismiss by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. Motion Docket Date 1/5/2022. (Rosen-Shaud, Brian) (Entered: 12/15/2021)

Dec. 15, 2021

Dec. 15, 2021

RECAP
63

ORDER granting 61 Motion for Leave to File Excess Pages.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 12/17/2021)

Dec. 17, 2021

Dec. 17, 2021

PACER
64

Agreed MOTION for Extension of Time for Response, Agreed MOTION for Leave to File Excess Pages( Motion Docket Date 1/13/2022.) by Larry R. Busby, Brad Coe, Edwards County, Texas, Federal Police Foundation, ICE Officers Division, Galveston County, J.W. Guthrie, Hudspeth County, Texas, Nathan Johnson, Kinney County, Texas, Live Oak County, McMullen County, Texas, Real County, Emmett Shelton, Arvin West, filed. (Attachments: # 1 Proposed Order Proposed Order Granting Motion to Expand Pages and Extend time)(Kobach, Kris) (Entered: 12/23/2021)

Dec. 23, 2021

Dec. 23, 2021

PACER
65

ORDER granting 64 Motion for Extension of Time; granting 64 Motion for Leave to File Excess Pages.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 12/27/2021)

Dec. 27, 2021

Dec. 27, 2021

RECAP
66

RESPONSE in Opposition to 62 MOTION to Dismiss, filed by Larry R. Busby, Brad Coe, Edwards County, Texas, Federal Police Foundation, ICE Officers Division, Galveston County, J.W. Guthrie, Hudspeth County, Texas, Nathan Johnson, Kinney County, Texas, Live Oak County, McMullen County, Texas, Real County, Emmett Shelton, Arvin West. (Kobach, Kris) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

RECAP
67

SEALED EXHIBITS Federal Police Foundation Second Supplemental Affidavit re: 66 Response in Opposition to Motion, by Larry R. Busby, Brad Coe, Edwards County, Texas, Federal Police Foundation, ICE Officers Division, Galveston County, J.W. Guthrie, Hudspeth County, Texas, Nathan Johnson, Kinney County, Texas, Live Oak County, McMullen County, Texas, Real County, Emmett Shelton, Arvin West, filed. (Kobach, Kris) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER
68

Opposed MOTION for Leave to File Affidavit Under Seal by Larry R. Busby, Brad Coe, Edwards County, Texas, Federal Police Foundation, ICE Officers Division, Galveston County, J.W. Guthrie, Hudspeth County, Texas, Nathan Johnson, Kinney County, Texas, Live Oak County, McMullen County, Texas, Real County, Emmett Shelton, Arvin West, filed. Motion Docket Date 2/4/2022. (Kobach, Kris) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

RECAP
69

Agreed MOTION for Extension of Time to File Reply by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. Motion Docket Date 2/8/2022. (Attachments: # 1 Proposed Order)(Rosen-Shaud, Brian) (Entered: 01/18/2022)

1 Proposed Order

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Jan. 18, 2022

Jan. 18, 2022

RECAP
70

ORDER granting 69 Motion for Extension of Time Replies due by 1/26/2022.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 01/19/2022)

Jan. 19, 2022

Jan. 19, 2022

PACER
71

Unopposed MOTION for Leave to File Excess Pages by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. Motion Docket Date 2/16/2022. (Attachments: # 1 Proposed Order)(Rosen-Shaud, Brian) (Entered: 01/26/2022)

Jan. 26, 2022

Jan. 26, 2022

PACER
72

REPLY in Support of 62 MOTION to Dismiss, filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA. (Rosen-Shaud, Brian) (Entered: 01/26/2022)

Jan. 26, 2022

Jan. 26, 2022

RECAP
73

ORDER granting 71 Motion for Leave to File Excess Pages.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 01/27/2022)

Jan. 27, 2022

Jan. 27, 2022

PACER
74

ORDER denying 7 Motion for Preliminary Injunction.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 02/21/2022)

Feb. 21, 2022

Feb. 21, 2022

RECAP
75

Opposed MOTION for Reconsideration of 74 Order on Motion for Preliminary Injunction by Larry R. Busby, Brad Coe, Edwards County, Texas, Federal Police Foundation, ICE Officers Division, Galveston County, J.W. Guthrie, Hudspeth County, Texas, Nathan Johnson, Kinney County, Texas, Live Oak County, McMullen County, Texas, Real County, Emmett Shelton, Arvin West, filed. Motion Docket Date 3/15/2022. (Attachments: # 1 Appendix Fifth Circuit Order)(Kobach, Kris) (Entered: 02/22/2022)

1 Appendix Fifth Circuit Order

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Feb. 22, 2022

Feb. 22, 2022

RECAP
76

RESPONSE in Opposition to 75 Opposed MOTION for Reconsideration of 74 Order on Motion for Preliminary Injunction, filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA. (Rosen-Shaud, Brian) (Entered: 03/02/2022)

March 2, 2022

March 2, 2022

RECAP
77

ADVISORY by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed.(Rosen-Shaud, Brian) (Entered: 03/02/2022)

March 2, 2022

March 2, 2022

RECAP
78

REPLY in Support of 75 Opposed MOTION for Reconsideration of 74 Order on Motion for Preliminary Injunction, filed by Larry R. Busby, Brad Coe, Edwards County, Texas, Federal Police Foundation, ICE Officers Division, Galveston County, J.W. Guthrie, Hudspeth County, Texas, Nathan Johnson, Kinney County, Texas, Live Oak County, McMullen County, Texas, Real County, Emmett Shelton, Arvin West. (Kobach, Kris) (Entered: 03/12/2022)

March 12, 2022

March 12, 2022

PACER
79

ORDER denying 41 Motion to Seal; denying 68 Motion for Leave to File; denying 8 Motion for Leave to File.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/16/2022)

March 16, 2022

March 16, 2022

RECAP
80

ORDER denying 32 Motion to Transfer Case.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

RECAP
81

NOTICE of supplemental authority by Larry R. Busby, Brad Coe, Edwards County, Texas, Federal Police Foundation, ICE Officers Division, Galveston County, J.W. Guthrie, Rand Henderson, Hudspeth County, Texas, Nathan Johnson, Kinney County, Texas, Live Oak County, McMullen County, Texas, Real County, Emmett Shelton, Arvin West, filed. (Attachments: # 1 Supplement Authority (Order of S.D. Ohio))(Kobach, Kris) (Entered: 03/29/2022)

1 Supplement Authority (Order of S.D. Ohio)

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March 29, 2022

March 29, 2022

PACER
82

RESPONSE to 81 Notice (Other), of Supplemental Authority, filed by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA. (Rosen-Shaud, Brian) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

RECAP
83

MOTION for Michael F. Knapp to Appear Pro Hac Vice by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. Motion Docket Date 4/28/2022. (Knapp, Michael) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
83

MOTION for Michael F. Knapp to Appear Pro Hac Vice by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. Motion Docket Date 4/28/2022. (Knapp, Michael) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
84

NOTICE of Supplemental Authority by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. (Attachments: # 1 Exhibit A - Order of Sixth Circuit Court of Appeals)(Rosen-Shaud, Brian) (Entered: 04/08/2022)

1 Exhibit A - Order of Sixth Circuit Court of Appeals

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April 8, 2022

April 8, 2022

RECAP
85

NOTICE of Supplemental Authority by Joseph R Biden, Jr, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, UNITED STATES OF AMERICA, filed. (Attachments: # 1 Exhibit 1 - Sixth Circuit Decision Staying Preliminary Injunction)(Knapp, Michael) (Entered: 04/13/2022)

1 Exhibit 1 - Sixth Circuit Decision Staying Preliminary Injunction

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April 13, 2022

April 13, 2022

RECAP
86

ORDER granting 83 Motion for Michael F. Knapp to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER

Case Details

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

National Security

Key Dates

Filing Date: July 1, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs include seven Texas counties and a nonprofit association of federal police officers.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security (- United States (national) -), Federal

Immigration and Customs Enforcement (- United States (national) -), Federal

U.S. Customs and Border Protection (- United States (national) -), Federal

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

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

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

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 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 police

Deportation - criteria

Deportation - procedure

Detention - criteria

Detention - procedures