Case: State of Texas v. Mayorkas

2:22-cv-00094 | U.S. District Court for the Northern District of Texas

Filed Date: April 28, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns Texas' challenge of a 2022 Department of Homeland Security Interim Final Rule (IFR) allowing asylum officers to accept or reject migrants' claims for humanitarian protections soon after they cross the border. According to Texas, the IFR transferred significant adjudicatory authority from immigration judges to asylum officers. 87 Fed. Reg. 18,078. On April 28, 2022, the State of Texas filed suit against (1) the United States, (2) President Biden, and (3) various federal agenci…

This case concerns Texas' challenge of a 2022 Department of Homeland Security Interim Final Rule (IFR) allowing asylum officers to accept or reject migrants' claims for humanitarian protections soon after they cross the border. According to Texas, the IFR transferred significant adjudicatory authority from immigration judges to asylum officers. 87 Fed. Reg. 18,078.

On April 28, 2022, the State of Texas filed suit against (1) the United States, (2) President Biden, and (3) various federal agencies (and officials of those agencies), including the U.S. Department of Homeland Security (DHS), the U.S. Citizenship and Immigration Services (USCIS), the U.S. Customs and Border Protection (CBP), the U.S. Immigration and Customs Enforcement (ICE), and the U.S. Department of Justice (DOJ). The complaint was filed in the United States District Court for the Northern District of Texas and was assigned to Judge Matthew Joseph Kacsmaryk.

The IFR related to alien removal proceedings described in the Immigration and Nationality Act (INA), 8 U.S.C. § 1225. Under the INA, if an alien subject to expedited removal demonstrated a credible fear of persecution, “the alien [was to] be detained for further consideration of the application for asylum.” 8 U.S.C. § 1225(b)(1)(B)(ii). An alien whose credible fear claim was rejected by an asylum officer could seek further review before an immigration judge. The IFR created a new process in which a non-citizen would have their asylum claim adjudicated by a USCIS asylum officer in the first instance, rather than by an immigration judge. The IFR also revised the process by which DHS paroles aliens who would not otherwise be lawfully permitted to enter the United States.

The complaint alleged that the IFR violated multiple statutes and constitutional provisions, including the:

  • Administrative Procedure Act (APA): By being arbitrary and capricious—i.e., failing to consider important factors and reasonable alternatives—and by bypassing the required notice-and-comment process.
  • Homeland Security Act (HSA): By improperly shifting final adjudicatory authority from immigration judges (as mandated by the HSA) to asylum officers, thereby encroaching on Congress’s authority.
  • Immigration and Nationality Act (INA): By conflicting with the INA’s limitations on parole, which permitted it only for “urgent humanitarian reasons or significant public benefit,” whereas the Interim Rule authorized parole whenever DHS deemed detention “impracticable.”
  • Appointments Clause of the U.S. Constitution: Because granting final adjudicatory authority to asylum officers effectively made them “Officers of the United States,” who must be properly appointed under the Constitution.

The complaint sought declaratory relief that the Interim Rule was unlawful, injunctive relief in the form of a stay, postponement, or preliminary injunction of implementation, attorney’s fees, and any other relief the court deemed proper.

Motion to Transfer Case

On April 29, 2022, the defendants filed a motion to transfer the case, citing a lack of subject matter jurisdiction and asserting that Texas was required to file the case in the United States District Court for the District of Columbia pursuant to 8 U.S.C. § 1252(e)(3).

The court denied the motion to transfer on July 8, 2022, reasoning that § 1252(e)(3) applied only to “denials of relief for individual aliens and [did] not strip this Court of jurisdiction over programmatic decisions.” 2022 WL 2652963 (N.D. Tex. July 8, 2022).

On August 5, 2022, the government moved for the court to reconsider its July 8, 2022 order in light of Biden v. Texas, 142 S. Ct. 2528 (2022). On September 14, 2022, the court denied the government’s motion for reconsideration, finding that its prior order was consistent with the Supreme Court’s reasoning in Biden v. Texas.

Motion for Preliminary Injunction

On May 23, 2022, Texas filed a motion for a preliminary injunction. On June 20, 2022, within a joint motion for extension of time, the plaintiff withdrew its motion for preliminary injunction. The court granted the motion and acknowledged the withdrawal on June 21, 2023.

Motion to Dismiss

On October 2, 2023, the government filed a motion to dismiss the complaint. The court denied the motion on February 6, 2024, reasoning that Texas had pleaded sufficient facts to support standing and its substantive claims. On March 5, 2024, the government filed a motion for reconsideration. The court denied that motion on June 25, 2024.

Following the denial of the motion to dismiss, the defendants answered the complaint on July 9, 2024.

Summary Judgment

Texas filed a motion for summary judgment on October 18, 2024. The government filed its own cross-motion for summary judgment on November 19, 2024.

Abeyance

On February 27, 2025, both parties moved to hold the case in abeyance for 60 days due to the potential impact of a newly issued Executive Order. The court granted the motion on March 3, 2025. The case remains in abeyance until April 28, 2025.

Summary Authors

Colton French (4/18/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63269665/parties/state-of-texas-v-mayorkas/


Judge(s)
Attorney for Plaintiff

Al-Fuhaid, Munera (Texas)

Csoros, Mark A (Texas)

Attorney for Defendant

Darrow, Joseph Anton (Texas)

Expert/Monitor/Master/Other

D'Andrea, Gina (Texas)

Davis, Paul MacNeal (Texas)

show all people

Documents in the Clearinghouse

Document
1

2:22-cv-00094

Complaint

April 28, 2022

April 28, 2022

Complaint
68

2:22-cv-00094

Opinion and Order

July 8, 2022

July 8, 2022

Order/Opinion

2022 WL 2652963

78

2:22-cv-00094

Memorandum Opinion and Order

Sept. 14, 2022

Sept. 14, 2022

Order/Opinion

2022 WL 4240894

96

2:22-cv-00094

Order

Aug. 2, 2023

Aug. 2, 2023

Order/Opinion
121

2:22-cv-00094

Memorandum Opinion and Order

Feb. 6, 2024

Feb. 6, 2024

Order/Opinion

2024 WL 455337

134

2:22-cv-00094

Memorandum Opinion and Order

June 25, 2024

June 25, 2024

Order/Opinion

2024 WL 3173296

174

2:22-cv-00094

Order

March 3, 2025

March 3, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63269665/state-of-texas-v-mayorkas/

Last updated June 23, 2025, 2:18 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by State of Texas. (Filing fee $402; Receipt number 0539-12784320) Clerk to issue summons(es) for federal defendant(s). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Hilton, Christopher) (Entered: 04/28/2022)

1 Cover Sheet

View on PACER

April 28, 2022

April 28, 2022

Clearinghouse
2

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State of Texas. (Clerk QC note: No affiliate entered in ECF). (Hilton, Christopher) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

RECAP
3

Request for Clerk to issue summons filed by State of Texas. (Attachments: # 1 Summons issuance request, # 2 Summons issuance request, # 3 Summons issuance request, # 4 Summons issuance request, # 5 Summons issuance request, # 6 Summons issuance request, # 7 Summons issuance request, # 8 Summons issuance request, # 9 Summons issuance request, # 10 Summons issuance request, # 11 Summons issuance request, # 12 Summons issuance request, # 13 Summons issuance request, # 14 Summons issuance request, # 15 Summons issuance request, # 16 Summons issuance request, # 17 Summons issuance request, # 18 Summons issuance request, # 19 Summons issuance request, # 20 Summons issuance request, # 21 Summons issuance request, # 22 Summons issuance request, # 23 Summons issuance request, # 24 Summons issuance request, # 25 Summons issuance request, # 26 Summons issuance request, # 27 Summons issuance request, # 28 Summons issuance request, # 29 Summons issuance request, # 30 Summons issuance request, # 31 Summons issuance request, # 32 Summons issuance request, # 33 Summons issuance request, # 34 Summons issuance request, # 35 Summons issuance request, # 36 Summons issuance request, # 37 Summons issuance request, # 38 Summons issuance request, # 39 Summons issuance request) (Hilton, Christopher) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
4

New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (No magistrate judge assigned). Clerk to provide copy to plaintiff if not received electronically. (daa) (Entered: 04/29/2022)

April 28, 2022

April 28, 2022

PACER
5

Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (daa) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER
6

NOTICE of Attorney Appearance by Brian C Ward on behalf of Joseph R Biden, Jr, Executive Office for Immigration Review, Merrick Garland, Ur Jaddou, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, David Neal, US Citizenship and Immigration Services, US Customs & Border Protection, US Department of Homeland Security, US Department of Justice, US Immigration & Customs Enforcement, United States of America. (Filer confirms contact info in ECF is current.) (Ward, Brian) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER
7

MOTION to Transfer Case out of District/Division (), MOTION to Stay filed by Joseph R Biden, Jr, Executive Office for Immigration Review, Merrick Garland, Ur Jaddou, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, David Neal, US Citizenship and Immigration Services, US Customs & Border Protection, US Department of Homeland Security, US Department of Justice, US Immigration & Customs Enforcement, United States of America with Brief/Memorandum in Support. (Ward, Brian) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

RECAP
8

NOTICE of Attorney Appearance by Erez Reuveni on behalf of Joseph R Biden, Jr, Executive Office for Immigration Review, Merrick Garland, Ur Jaddou, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, David Neal, US Citizenship and Immigration Services, US Customs & Border Protection, US Department of Homeland Security, US Department of Justice, US Immigration & Customs Enforcement, United States of America. (Filer confirms contact info in ECF is current.) (Reuveni, Erez) (Entered: 05/01/2022)

May 1, 2022

May 1, 2022

PACER
9

Request for Clerk to issue Summons filed by State of Texas. (Hilton, Christopher) (Entered: 05/02/2022)

May 2, 2022

May 2, 2022

PACER
10

Summons issued as to Ur Jaddou, U.S. Attorney. (daa) (Entered: 05/03/2022)

May 3, 2022

May 3, 2022

PACER
11

ORDER: The Court ORDERS Plaintiff to file its response on or before Friday, May 6, 2022, 5:00 p.m. (CDT). The Court ORDERS Defendants to file a reply on or before Wednesday, May 11, 2022, 5:00 p.m. (CDT). (See Order for Specifics) (Ordered by Judge Matthew J. Kacsmaryk on 5/3/2022) (vls) (Entered: 05/03/2022)

May 3, 2022

May 3, 2022

RECAP
12

MOTION for Extension of Time to File Response/Reply to 11 Order Setting Deadline/Hearing, filed by State of Texas (Attachments: # 1 Proposed Order) (Olson, Leif) (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

PACER
13

ORDER granting 12 Plaintiff's Unopposed Motion to Extend Response and Reply Deadlines. The Court GRANTS the Motion and ORDERS Plaintiff to file its response on or before Monday, May 9, 2022, at 5:00 p.m. (CDT). The Court ORDERS Defendants to file their reply on or before Monday, May 16, 2022, at 5:00 p.m. (CDT). (Ordered by Judge Matthew J. Kacsmaryk on 5/5/2022) (daa) (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

RECAP
14

RESPONSE filed by State of Texas re: 7 MOTION to Transfer Case out of District/Division MOTION to Stay (Olson, Leif) (Entered: 05/09/2022)

May 9, 2022

May 9, 2022

RECAP
15

REPLY filed by Joseph R Biden, Jr, Executive Office for Immigration Review, Merrick Garland, Ur Jaddou, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, David Neal, US Citizenship and Immigration Services, US Customs & Border Protection, US Department of Homeland Security, US Department of Justice, US Immigration & Customs Enforcement, United States of America re: 7 MOTION to Transfer Case out of District/Division MOTION to Stay (Ward, Brian) (Entered: 05/16/2022)

May 16, 2022

May 16, 2022

RECAP
16

RESPONSE filed by State of Texas re: 11 Order Setting Deadline/Hearing, (Olson, Leif) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

RECAP
17

Brief/Memorandum in Support filed by Joseph R Biden, Jr, Executive Office for Immigration Review, Merrick Garland, Ur Jaddou, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, David Neal, US Citizenship and Immigration Services, US Customs & Border Protection, US Department of Homeland Security, US Department of Justice, US Immigration & Customs Enforcement, United States of America re 11 Order Setting Deadline/Hearing, supplemental memorandum on 8 U.S.C. § 1252(f)(1) (Reuveni, Erez) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER
18

NOTICE of Related Authority filed by Joseph R Biden, Jr, Executive Office for Immigration Review, Merrick Garland, Ur Jaddou, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, David Neal, US Citizenship and Immigration Services, US Customs & Border Protection, US Department of Homeland Security, US Department of Justice, US Immigration & Customs Enforcement, United States of America (Ward, Brian) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

RECAP
19

Unopposed MOTION for Leave to File Exceed Page Limits for briefs on Texas's Motion for Preliminary Injunction filed by State of Texas (Attachments: # 1 Proposed Order Order Granting Motion to Exceed Page Limits) (Olson, Leif) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

PACER
20

**WITHDRAWN per 70 ** MOTION for Preliminary Injunction filed by State of Texas (Olson, Leif) Modified title on 5/23/2022 (daa). Modified text on 7/21/2022 (nht). (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

RECAP
21

Brief/Memorandum in Support filed by State of Texas re 20 MOTION for Injunction Preliminary (Attachments: # 1 Exhibit(s) Appendix pages 0 - 42, # 2 Exhibit(s) Appendix pages 43 - 85, # 3 Exhibit(s) Appendix pages 86 - 131, # 4 Exhibit(s) Appendix pages 132 - 215) (Olson, Leif) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

RECAP
22

ORDER granting 19 Plaintiff's Unopposed Motion to Exceed Page Limit. (Ordered by Judge Matthew J. Kacsmaryk on 5/23/2022) (daa) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

PACER
23

ORDER: The Court hereby ORDERS Defendants to file a response to Plaintiff's Motion on or before Thursday, May 26, 2022, 11:59 p.m. (CDT). The Court ORDERS Plaintiff to file a reply on or before Friday, May 27, 2022, 11:59 p.m. (CDT). re: 20 Plaintiff's MOTION for Preliminary Injunction. (Ordered by Judge Matthew J. Kacsmaryk on 5/23/2022) (daa) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

RECAP
24

MOTION to Amend Scheduling Order re 23 Order Setting Deadline/Hearing, filed by Joseph R Biden, Jr, Executive Office for Immigration Review, Merrick Garland, Ur Jaddou, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, David Neal, US Citizenship and Immigration Services, US Customs & Border Protection, US Department of Homeland Security, US Department of Justice, US Immigration & Customs Enforcement, United States of America with Brief/Memorandum in Support. (Ward, Brian) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

RECAP
25

Joint MOTION to Amend/Correct 22 Order on Motion for Leave to File filed by Joseph R Biden, Jr, Executive Office for Immigration Review, Merrick Garland, Ur Jaddou, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, David Neal, US Citizenship and Immigration Services, US Customs & Border Protection, US Department of Homeland Security, US Department of Justice, US Immigration & Customs Enforcement, United States of America with Brief/Memorandum in Support. (Reuveni, Erez) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

RECAP
26

ORDER granting 25 Motion to Amend/Correct. (Ordered by Judge Matthew J. Kacsmaryk on 5/24/2022) (nhp) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

RECAP
27

RESPONSE AND OBJECTION filed by State of Texas re: 24 MOTION to Amend Scheduling Order re 23 Order Setting Deadline/Hearing, (Olson, Leif) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

RECAP
28

ORDER denying 24 Motion. Parties shall file the proposed briefingschedules by Friday, May 27, 2022. (Ordered by Judge Matthew J. Kacsmaryk on 5/24/2022) (nhp) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

RECAP
29

SUMMONS Returned Executed as to Ur Jaddou ; served on 5/6/2022. (Hilton, Christopher) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
30

SUMMONS Returned Executed as to US Department of Homeland Security ; served on 5/5/2022. (Hilton, Christopher) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
31

SUMMONS Returned Executed as to US Department of Justice ; served on 5/5/2022. (Hilton, Christopher) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
32

SUMMONS Returned Executed as to US Customs & Border Protection ; served on 5/5/2022. (Hilton, Christopher) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
33

SUMMONS Returned Executed as to US Customs & Border Protection ; served on 5/16/2022. (Hilton, Christopher) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
34

SUMMONS Returned Executed as to US Citizenship and Immigration Services ; served on 5/5/2022. (Hilton, Christopher) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
35

SUMMONS Returned Executed as to US Immigration & Customs Enforcement ; served on 5/5/2022. (Hilton, Christopher) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
36

SUMMONS Returned Executed as to Joseph R Biden, Jr ; served on 5/5/2022. (Hilton, Christopher) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
37

SUMMONS Returned Executed as to Alejandro Mayorkas ; served on 5/5/2022. (Hilton, Christopher) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
38

SUMMONS Returned Executed as to Merrick Garland ; served on 5/5/2022. (Hilton, Christopher) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
39

SUMMONS Returned Executed as to David Neal ; served on 5/5/2022. (Hilton, Christopher) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
40

SUMMONS Returned Executed as to Executive Office for Immigration Review ; served on 5/5/2022. (Hilton, Christopher) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
41

SUMMONS Returned Executed as to Christopher Magnus ; served on 5/5/2022. (Hilton, Christopher) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
42

SUMMONS Returned Executed as to Tae Johnson ; served on 5/5/2022. (Hilton, Christopher) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
43

SUMMONS Returned Executed as to David Neal ; served on 5/2/2022. (Hilton, Christopher) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
44

SUMMONS Returned Executed as to Alejandro Mayorkas ; served on 5/16/2022. (Hilton, Christopher) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
45

SUMMONS Returned Executed as to Executive Office for Immigration Review ; served on 5/17/2022. (Hilton, Christopher) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
46

SUMMONS Returned Executed as to Christopher Magnus ; served on 5/16/2022. (Hilton, Christopher) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
47

SUMMONS Returned Executed as to Joseph R Biden, Jr ; served on 5/16/2022. (Hilton, Christopher) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
48

SUMMONS Returned Executed as to Joseph R Biden, Jr ; served on 5/23/2022. (Hilton, Christopher) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
49

SUMMONS Returned Executed as to US Department of Justice ; served on 5/16/2022. (Hilton, Christopher) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
50

SUMMONS Returned Executed. (Hilton, Christopher) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
51

SUMMONS Returned Executed as to Executive Office for Immigration Review ; served on 5/16/2022. (Hilton, Christopher) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
52

SUMMONS Returned Executed as to US Department of Homeland Security ; served on 5/16/2022. (Hilton, Christopher) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
53

SUMMONS Returned Executed as to US Immigration & Customs Enforcement ; served on 5/17/2022. (Hilton, Christopher) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
54

SUMMONS Returned Executed as to Ur Jaddou ; served on 5/17/2022. (Hilton, Christopher) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
55

SUMMONS Returned Executed as to Tae Johnson ; served on 5/17/2022. (Hilton, Christopher) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
56

SUMMONS Returned Executed as to Merrick Garland ; served on 5/16/2022. (Hilton, Christopher) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
57

SUMMONS Returned Executed as to United States of America ; served on 5/16/2022. (Hilton, Christopher) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
58

RESPONSE filed by State of Texas re: 28 Order on Motion for Miscellaneous Relief (Olson, Leif) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

RECAP
59

RESPONSE filed by Joseph R Biden, Jr, Executive Office for Immigration Review, Merrick Garland, Ur Jaddou, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, David Neal, US Citizenship and Immigration Services, US Customs & Border Protection, US Department of Homeland Security, US Department of Justice, US Immigration & Customs Enforcement, United States of America re: 28 Order on Motion for Miscellaneous Relief (Ward, Brian) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

RECAP
60

ORDER: See order for specifics and deadlines. (Ordered by Judge Matthew J. Kacsmaryk on 5/31/2022) (nhp) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

RECAP
61

SUMMONS Returned Executed as to US Citizenship and Immigration Services ; served on 5/16/2022. (Olson, Leif) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER
62

SUMMONS Returned Executed as to Ur Jaddou ; served on 5/6/2022. (Olson, Leif) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER
63

SUMMONS Returned Executed as to David Neal ; served on 5/16/2022. (Olson, Leif) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER
64

NOTICE of Supplemental Authority filed by Joseph R Biden, Jr, Executive Office for Immigration Review, Merrick Garland, Ur Jaddou, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, David Neal, US Citizenship and Immigration Services, US Customs & Border Protection, US Department of Homeland Security, US Department of Justice, US Immigration & Customs Enforcement, United States of America (Ward, Brian) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

RECAP
65

Joint MOTION to Extend Time to Complete Jurisdictional Discovery and to Submit Updated Proposals for Additional Briefing and Proceedings filed by Joseph R Biden, Jr, Executive Office for Immigration Review, Merrick Garland, Ur Jaddou, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, David Neal, US Citizenship and Immigration Services, US Customs & Border Protection, US Department of Homeland Security, US Department of Justice, US Immigration & Customs Enforcement, United States of America with Brief/Memorandum in Support. (Ward, Brian) (Entered: 06/24/2022)

June 24, 2022

June 24, 2022

RECAP
66

ORDER granting 65 Motion to Extend Time. Parties must complete all jurisdictional discovery on or before July 15, 2022. Parties must submit updated proposals for additional briefing and proceedings on or before July 20, 2022. (Ordered by Judge Matthew J. Kacsmaryk on 6/29/2022) (nht) (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

RECAP
67

NOTICE of Supplemental Authority filed by Joseph R Biden, Jr, Executive Office for Immigration Review, Merrick Garland, Ur Jaddou, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, David Neal, US Citizenship and Immigration Services, US Customs & Border Protection, US Department of Homeland Security, US Department of Justice, US Immigration & Customs Enforcement, United States of America (Ward, Brian) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

RECAP
68

Memorandum Opinion and Order denying 7 Motion to Transfer Case Out of District/Division, Motion to Stay, filed by Joseph R Biden, Jr, Alejandro Mayorkas, US Department of Homeland Security, US Immigration & Customs Enforcement, United States of America, US Department of Justice, Merrick Garland, Christopher Magnus, Ur Jaddou, US Citizenship and Immigration Services, US Customs & Border Protection, Executive Office for Immigration Review, Tae Johnson, David Neal. (Ordered by Judge Matthew J. Kacsmaryk on 7/8/2022) (nht) (Main Document 68 replaced with a text searchable doc on 7/11/2022) (ali). (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

Clearinghouse
69

Joint MOTION for Extension of Time to File Scheduling proposals filed by State of Texas (Attachments: # 1 Proposed Order) (Olson, Leif) (Entered: 07/20/2022)

1 Proposed Order

View on PACER

July 20, 2022

July 20, 2022

RECAP
70

ORDER granting 69 Motion for Extension of Time to File. The Court acknowledges withdrawal of Plaintiff's preliminary-injunction motion (ECF No. 20) and ORDERS parties to submit proposals for additional briefing and proceedings on or before July 25, 2022. (Ordered by Judge Matthew J. Kacsmaryk on 7/21/2022) (nht) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

RECAP
71

Joint STATUS REPORT on Additional Briefing and Proceedings filed by State of Texas. (Attachments: # 1 Exhibit(s) A - Defs.' disco. reqs., # 2 Exhibit(s) B - Defs.' 30(b)(6) depo. not.) (Olson, Leif) (Entered: 07/25/2022)

1 Exhibit(s) A - Defs.' disco. reqs.

View on RECAP

2 Exhibit(s) B - Defs.' 30(b)(6) depo. not.

View on RECAP

July 25, 2022

July 25, 2022

RECAP
72

ORDER: The Court ADOPTS the following schedule: Parties must complete all jurisdictional discovery on or before Friday, September 23, 2022; and Defendants must answer, move to dismiss, or otherwise respond to Plaintiff's Complaint on or before Friday, October 14, 2022. re: 71 Joint Status Report on Additional Briefing and Proceedings. (Ordered by Judge Matthew J. Kacsmaryk on 8/3/2022) (daa) (Entered: 08/04/2022)

Aug. 3, 2022

Aug. 3, 2022

RECAP
73

MOTION for Reconsideration re 68 Memorandum Opinion and Order,, filed by Joseph R Biden, Jr, Executive Office for Immigration Review, Merrick Garland, Ur Jaddou, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, David Neal, US Citizenship and Immigration Services, US Customs & Border Protection, US Department of Homeland Security, US Department of Justice, US Immigration & Customs Enforcement, United States of America with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Reuveni, Erez) (Entered: 08/05/2022)

1 Proposed Order

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Aug. 5, 2022

Aug. 5, 2022

RECAP
74

RESPONSE filed by State of Texas re: 73 MOTION for Reconsideration re 68 Memorandum Opinion and Order,, (Attachments: # 1 Proposed Order) (Olson, Leif) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
75

****DISREGARD - filed in error by attorney - see Doc #76**** Joint MOTION for Leave to File briefs exceeding page limits for parties' opposition and reply briefs filed by Joseph R Biden, Jr, Executive Office for Immigration Review, Merrick Garland, Ur Jaddou, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, David Neal, US Citizenship and Immigration Services, US Customs & Border Protection, US Department of Homeland Security, US Department of Justice, US Immigration & Customs Enforcement, United States of America with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Reuveni, Erez) Modified text and termed motion on 9/1/2022 (awc). (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER
76

NOTICE of correction and withdrawal of filing re: 75 Joint MOTION for Leave to File briefs exceeding page limits for parties' opposition and reply briefs filed by Joseph R Biden, Jr, Executive Office for Immigration Review, Merrick Garland, Ur Jaddou, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, David Neal, US Citizenship and Immigration Services, US Customs & Border Protection, US Department of Homeland Security, US Department of Justice, US Immigration & Customs Enforcement, United States of America (Reuveni, Erez) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER
77

REPLY filed by Joseph R Biden, Jr, Executive Office for Immigration Review, Merrick Garland, Ur Jaddou, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, David Neal, US Citizenship and Immigration Services, US Customs & Border Protection, US Department of Homeland Security, US Department of Justice, US Immigration & Customs Enforcement, United States of America re: 73 MOTION for Reconsideration re 68 Memorandum Opinion and Order,, (Ward, Brian) (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

PACER
78

MEMORANDUM OPINION AND ORDER denying 73 MOTION for Reconsideration. (Ordered by Judge Matthew J. Kacsmaryk on 9/14/2022) (nht) (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

Clearinghouse
79

JOINT MOTION to Extend Schedule re 72 Order, filed by State of Texas (Olson, Leif) Modified title on 9/20/2022 (daa). (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

PACER
80

ORDER granting 79 Joint Motion to Extend Schedule. See Order for deadlines. (Ordered by Judge Matthew J. Kacsmaryk on 9/20/2022) (daa) (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

RECAP
81

Joint MOTION to Extend Time Complete Discovery and Respond to Complaint filed by State of Texas (Attachments: # 1 Proposed Order) (Olson, Leif) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

PACER
82

ORDER granting 81 Motion to Extend Time. Parties must complete all jurisdictional discovery on or before Friday, January 20, 2023; and Defendants must answer, move to dismiss, or otherwise respond to Plaintiff's Complaint on or before Friday, February 17, 2023. (Ordered by Judge Matthew J. Kacsmaryk on 11/7/2022) (nht) (Entered: 11/07/2022)

Nov. 7, 2022

Nov. 7, 2022

RECAP
83

Joint MOTION to Extend Time Scheduling filed by State of Texas (Attachments: # 1 Proposed Order Order Granting Scheduling Extension) (Olson, Leif) (Entered: 01/20/2023)

1 Proposed Order Order Granting Scheduling Extension

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Jan. 20, 2023

Jan. 20, 2023

PACER
84

ORDER granting 83 Motion to Extend Time. Parties must complete all jurisdictional discovery on or before Friday, March 31, 2023. Defendants must answer, move to dismiss, or otherwise respond to Plaintiff's Complaint on or before Friday, April 28, 2023. (Ordered by Judge Matthew J. Kacsmaryk on 3/20/2023) (nht) (Entered: 03/20/2023)

March 20, 2023

March 20, 2023

RECAP
85

Joint MOTION to Extend Time Deadlines for Completion of Jurisdictional Discovery and File Response to Complaint filed by State of Texas (Attachments: # 1 Proposed Order) (Olson, Leif) (Entered: 03/22/2023)

March 22, 2023

March 22, 2023

PACER
86

ORDER granting 85 Motion to Extend Time. The Court ORDERS: Parties must complete all jurisdictional discovery on or before Friday, May 26, 2023; and Defendants must answer, move to dismiss, or otherwise respond to Plaintiff's Complaint on or before Friday, June 23, 2023. (Ordered by Judge Matthew J. Kacsmaryk on 3/28/2023) (awc) (Entered: 03/28/2023)

March 28, 2023

March 28, 2023

RECAP
87

MOTION to Extend Time Joint Motion to Extend Schedule filed by State of Texas (Attachments: # 1 Proposed Order) (Olson, Leif) (Entered: 05/26/2023)

May 26, 2023

May 26, 2023

PACER
88

NOTICE of Attorney Appearance by Ryan Daniel Walters on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Walters, Ryan) (Entered: 05/26/2023)

May 26, 2023

May 26, 2023

PACER
89

NOTICE of Attorney Appearance by Ethan Quinn Szumanski on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Szumanski, Ethan) (Entered: 05/26/2023)

May 26, 2023

May 26, 2023

PACER
90

MOTION to Withdraw as Attorney Aaron F. Reitz filed by State of Texas (Attachments: # 1 Proposed Order) (Olson, Leif) (Entered: 06/01/2023)

June 1, 2023

June 1, 2023

RECAP
91

ORDER granting 87 Joint Motion to Extend Schedule. (Ordered by Judge Matthew J. Kacsmaryk on 6/6/2023) (daa) (Entered: 06/06/2023)

June 6, 2023

June 6, 2023

RECAP
92

ORDER granting 90 Motion to Withdraw as Attorney. Attorney Aaron Francis Reitz terminated (Ordered by Judge Matthew J. Kacsmaryk on 6/16/2023) (nht) (Entered: 06/16/2023)

June 16, 2023

June 16, 2023

PACER
93

MOTION to Compel filed by Joseph R Biden, Jr, Executive Office for Immigration Review, Merrick Garland, Ur M Jaddou, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, David Neal, US Citizenship and Immigration Services, US Customs & Border Protection, US Department of Homeland Security, US Department of Justice, US Immigration & Customs Enforcement, United States of America with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Proposed Order) (Ward, Brian) (Entered: 07/12/2023)

1 Exhibit(s) A

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2 Exhibit(s) B

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3 Proposed Order

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July 12, 2023

July 12, 2023

RECAP
94

Joint MOTION to Extend Time to Complete Discovery and Respond to the Complaint filed by Joseph R Biden, Jr, Executive Office for Immigration Review, Merrick Garland, Ur M Jaddou, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, David Neal, US Citizenship and Immigration Services, US Customs & Border Protection, US Department of Homeland Security, US Department of Justice, US Immigration & Customs Enforcement, United States of America with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Ward, Brian) (Entered: 08/01/2023)

Aug. 1, 2023

Aug. 1, 2023

PACER
95

RESPONSE filed by State of Texas re: 93 MOTION to Compel (Walters, Ryan) (Entered: 08/02/2023)

Aug. 2, 2023

Aug. 2, 2023

RECAP
96

ORDER denying 93 Motion to Compel. (Ordered by Judge Matthew J. Kacsmaryk on 8/2/2023) (nht) (Entered: 08/03/2023)

Aug. 2, 2023

Aug. 2, 2023

Clearinghouse
97

ORDER granting 94 Joint Motion to Extend Schedule. (Ordered by Judge Matthew J. Kacsmaryk on 8/4/2023) (daa) (Entered: 08/04/2023)

Aug. 4, 2023

Aug. 4, 2023

RECAP
98

Unopposed MOTION to Substitute Attorney, Leif A. Olson added attorney Susanna Dokupil, filed by State of Texas (Attachments: # 1 Proposed Order Granting Substitution of Counsel) Attorney Susanna Dokupil added to party State of Texas(pty:pla) (Dokupil, Susanna) Modified text on 9/14/2023 (nht). (Entered: 09/13/2023)

Sept. 13, 2023

Sept. 13, 2023

PACER
99

ORDER granting 98 Motion to Substitute Attorney. (Ordered by Judge Matthew J. Kacsmaryk on 9/18/2023) (nht) (Entered: 09/18/2023)

Sept. 18, 2023

Sept. 18, 2023

PACER
100

NOTICE of Attorney Appearance by Erin Ryan on behalf of Joseph R Biden, Jr, Executive Office for Immigration Review, Merrick Garland, Ur M Jaddou, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, David Neal, US Citizenship and Immigration Services, US Customs & Border Protection, US Department of Homeland Security, US Department of Justice, US Immigration & Customs Enforcement, United States of America. (Filer confirms contact info in ECF is current.) (Ryan, Erin) (Entered: 09/28/2023)

Sept. 28, 2023

Sept. 28, 2023

PACER

Case Details