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.

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.

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.

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.

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. That motion remains pending as of November 6, 2025.

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 the publication of a new Unified Regulatory Agenda.

Parties submitted a joint status report on July 1, 2025, writing that the Department of Homeland Security (DHS) is considering a plan to rescind or modify the Asylum Processing IFR. Said language, Defendants asserted, would be included in the new Unified Regulatory Agenda set for publication this summer. In the status report, Texas urged DHS and Defendants to rescind the unlawful Asylum Officer Rule as soon as possible.

This case is ongoing.

Summary Authors

Colton French (4/18/2025)

Ben Hefter (11/6/2025)

People

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


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)

Documents in the Clearinghouse

Documents in this case
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
179

2:22-cv-00094

Joint Status Report

State of Texas v. Noem

July 1, 2025

July 1, 2025

Pleading / Motion / Brief

Docket

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

Last updated Sept. 6, 2026, 4:20 a.m.

Docket for: State of Texas v. Mullin
ECF Number Date Description Link
1 April 28, 2022

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

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Clearinghouse
2 April 28, 2022

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

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3 April 28, 2022

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)

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4 April 28, 2022

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)

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5 April 29, 2022

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

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6 April 29, 2022

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)

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7 April 29, 2022

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)

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8 May 1, 2022

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)

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9 May 2, 2022

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

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10 May 3, 2022

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

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11 May 3, 2022

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)

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12 May 4, 2022

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)

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13 May 5, 2022

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)

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14 May 9, 2022

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)

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15 May 16, 2022

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)

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16 May 20, 2022

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

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17 May 20, 2022

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)

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18 May 23, 2022

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)

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19 May 23, 2022

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)

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20 May 23, 2022

**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)

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21 May 23, 2022

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)

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22 May 23, 2022

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)

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23 May 23, 2022

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)

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24 May 23, 2022

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)

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25 May 24, 2022

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)

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26 May 24, 2022

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

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27 May 24, 2022

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)

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28 May 24, 2022

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)

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29 May 25, 2022

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

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30 May 25, 2022

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

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31 May 25, 2022

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

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32 May 25, 2022

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

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33 May 25, 2022

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

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34 May 25, 2022

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

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35 May 25, 2022

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

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36 May 25, 2022

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

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37 May 25, 2022

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

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38 May 25, 2022

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

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39 May 25, 2022

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

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40 May 25, 2022

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

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41 May 25, 2022

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

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42 May 25, 2022

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

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43 May 25, 2022

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

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44 May 26, 2022

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

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45 May 26, 2022

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

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46 May 26, 2022

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

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47 May 26, 2022

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

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48 May 26, 2022

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

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49 May 26, 2022

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

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50 May 26, 2022

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

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51 May 26, 2022

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

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52 May 26, 2022

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

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53 May 26, 2022

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

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54 May 26, 2022

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

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55 May 26, 2022

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

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56 May 26, 2022

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

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57 May 26, 2022

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

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58 May 27, 2022

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

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59 May 27, 2022

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)

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60 May 31, 2022

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

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61 June 8, 2022

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

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62 June 8, 2022

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

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63 June 8, 2022

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

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64 June 17, 2022

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)

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65 June 24, 2022

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)

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66 June 29, 2022

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)

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67 July 7, 2022

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)

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68 July 8, 2022

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)

Clearinghouse
69 July 20, 2022

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

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70 July 21, 2022

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)

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71 July 25, 2022

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.

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

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72 Aug. 3, 2022

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)

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73 Aug. 5, 2022

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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74 Aug. 26, 2022

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)

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75 Sept. 1, 2022

****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)

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76 Sept. 1, 2022

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)

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77 Sept. 9, 2022

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)

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78 Sept. 14, 2022

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

Clearinghouse
79 Sept. 20, 2022

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)

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80 Sept. 20, 2022

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)

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81 Nov. 4, 2022

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)

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82 Nov. 7, 2022

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)

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83 Jan. 20, 2023

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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84 March 20, 2023

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)

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85 March 22, 2023

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)

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86 March 28, 2023

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)

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87 May 26, 2023

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

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88 May 26, 2023

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)

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89 May 26, 2023

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)

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90 June 1, 2023

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

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91 June 6, 2023

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

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92 June 16, 2023

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)

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93 July 12, 2023

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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94 Aug. 1, 2023

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)

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95 Aug. 2, 2023

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

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96 Aug. 2, 2023

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

Clearinghouse
97 Aug. 4, 2023

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

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98 Sept. 13, 2023

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)

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99 Sept. 18, 2023

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

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100 Sept. 28, 2023

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)

RECAP

Case Details

State / Territory:

Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Reversing Course on Existing Litigation

Key Dates

Filing Date: April 28, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The State of Texas

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

The United States of America

U.S. Citizenship and Immigration Services

U.S. Customs and Border Protection

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Immigration and Customs Enforcement

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

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

Ex Parte Young (Federal) or Bivens

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

Constitutional Clause(s):

Appointments Clause

Other Dockets:

Northern District of Texas 2:22-cv-00094

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Classification / placement

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - criteria

Asylum - procedure

Status/Classification

Presidential/Gubernatorial Authority:

Appointment Authority

Recommended Citation