Case: State Of Texas v. United States Department of Homeland Security

6:24-cv-00306 | U.S. District Court for the Eastern District of Texas

Filed Date: Aug. 23, 2024

Case Ongoing

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Case Summary

In this case, a federal court permanently vacated the Biden Administration's policy that made it easier for some undocumented people to receive parole and green cards if they were the spouse or step-child of a U.S. citizen. This lawsuit was filed by 16 states on August 23, 2024 in the U.S. District Court for the Eastern District of Texas. The states sued the U.S. Department of Homeland Security (DHS) and the U.S. Office of Management and Budget (OMB), as well as the DHS Secretary, the Director …

In this case, a federal court permanently vacated the Biden Administration's policy that made it easier for some undocumented people to receive parole and green cards if they were the spouse or step-child of a U.S. citizen. This lawsuit was filed by 16 states on August 23, 2024 in the U.S. District Court for the Eastern District of Texas. The states sued the U.S. Department of Homeland Security (DHS) and the U.S. Office of Management and Budget (OMB), as well as the DHS Secretary, the Director of United States Customs and Immigration Services, the Acting Commissioner of Customs and Border Protection, the Acting Director of Immigrations and Customs Enforcement, and the OMB Director. The states—represented by their Attorneys General and the America First Legal Foundation—sued under the Administrative Procedure Act, alleging that the Biden Administration's plan to change parole and green card policies for some undocumented spouses and stepchildren of U.S. citizens was in excess of statutory authority, arbitrary and capricious, procedurally inadequate, and in violation of the Constitution's Take Care Clause. The plaintiffs sought a temporary restraining order, preliminary injunction, or stay of agency action; a permanent injunction; a declaratory judgment; and attorneys’ fees. The case was assigned to District Judge J. Campbell Barker.

The states challenged DHS’s decision to implement Keeping Families Together, a policy that would allow some undocumented people whose spouses or stepparents are U.S. citizens to “parole in place” and apply for lawful permanent residence (i.e., a green card) while staying in the U.S., instead of having to live outside the country for a specified time period. DHS claimed authority for this policy based on the Immigration and Nationality Act, which allows the executive branch to grant parole “on a case-by-case basis for urgent humanitarian reasons or significant public benefit.” The states challenged DHS’s policy on multiple grounds, alleging that 1) it was not case-by-case; 2) it was not for urgent humanitarian reasons or significant public benefit; 3) it contradicted the INA’s language, which referred to paroling people “into” the U.S. rather than granting parole when someone was already in the country, and only covered temporary parole; 4) it violated the INA by circumventing the federal immigration system; 5) it violated the APA because it was arbitrary and capricious; 6) it was created without requisite notice-and-comment and information collection procedures; and 7) it violated the constitutional requirement that the president “take care that the laws be faithfully executed.”  

Just three days after the lawsuit was filed, on August 26, the court granted a 14-day administrative stay, preventing DHS from paroling anyone based on the challenged policy. The court did not rule on whether the states’ lawsuit was likely to succeed, but ordered a temporary stay because some of the states’ claims “warrant[ed] closer consideration.” 2024 WL 4784931. The plaintiffs subsequently moved to vacate the stay.

Also on August 26, a group of people benefitted by the parole policy, as well as the Coalition for Humane Immigrant Rights, moved to intervene as defendants in the case. The court denied the motion a week later, on September 3, holding that the government would adequately represent the proposed intervenors' interests. 2024 WL 4039580. The proposed intervenors appealed this denial to the Fifth Circuit on the same day (docket no. 24-40571). They also filed a renewed motion to intervene on October 22, 2024, arguing circumstances had changed, but the district court denied that motion two days later. 2024 WL 4579540. The proposed intervenors, as well as various other organizations and states, were allowed to file amicus briefs in the case.

On September 4, 2024, the court denied the plaintiffs' motion to vacate the stay of the parole policy and extended the stay for another 14 days based on the plaintiffs' substantial likelihood of succeeding on the merits of their claim. 2024 WL 4784931.

On October 18 and 19, 2024, both sides moved for summary judgment. However, on November 2, 2024, the court denied both motions because there were material factual disputes that needed to go to trial.

After a bench trial, on November 7, 2024, the district court vacated the parole policy nationwide. The court held that Texas had standing to challenge the policy because it was an affirmative grant of benefits rather than a discretionary enforcement decision. Further, the court held that the policy was contrary to law because the provision of the INA that DHS relied on for the policy only allows the government to parole someone "into the US," not to grant parole to someone already in the US. Further, the INA provision allowing DHS to grant legal permanent residence only applies to people who were "admitted or paroled into the United States," not those granted parole after arriving in the US. Finally, the court held that the INA provision allowing DHS to grant parole based on "significant public benefits" only applied to the benefits of someone being allowed into the US, not the benefits of being granted a different legal status. 2024 WL 4711951.

On November 26, 2024, the Fifth Circuit affirmed the district court's denial of the August 26 motion to intervene.

As of January 5, 2025, the government has not appealed the district court's vacatur of the parole policy and there have been no further developments.

Summary Authors

Micah Pollens-Dempsey (8/31/2024)

Ted Molina (11/13/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69074414/parties/state-of-texas-v-united-states-department-of-homeland-security/


Judge(s)

Barker, J. Campbell (Texas)

Attorney for Plaintiff

Al-Fuhaid, Munera (Texas)

Attorney, Ryan Daniel

Axt, Philip (Texas)

Attorney for Defendant

Austin, Paige (Texas)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

6:24-cv-00306

Original Complaint

Aug. 23, 2024

Aug. 23, 2024

Complaint
27

6:24-cv-00306

Order

Aug. 26, 2024

Aug. 26, 2024

Order/Opinion
49

6:24-cv-00306

Opinion and Order

Sept. 3, 2024

Sept. 3, 2024

Order/Opinion

2024 WL 4039580

54

6:24-cv-00306

Order

Sept. 4, 2024

Sept. 4, 2024

Order/Opinion

2024 WL 4784931

88

6:24-cv-00306

Opinion and Order

Oct. 24, 2024

Oct. 24, 2024

Order/Opinion

2024 WL 4579540

98

6:24-cv-00306

Brief for Amici Curiae

Oct. 25, 2024

Oct. 25, 2024

Pleading / Motion / Brief
120

6:24-cv-00306

Memorandum of Decision

Nov. 7, 2024

Nov. 7, 2024

Order/Opinion

2024 WL 4711951

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69074414/state-of-texas-v-united-states-department-of-homeland-security/

Last updated March 9, 2025, 9:28 a.m.

ECF Number Description Date Link Date / Link

District Judge J. Campbell Barker added. (wea)

Aug. 23, 2024

Aug. 23, 2024

PACER

In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (wea)

Aug. 23, 2024

Aug. 23, 2024

PACER
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ATXEDC-10315135.), filed by State of North Dakota, State of Iowa, State Of Texas, State of Wyoming, State of South Carolina, State of Georgia, State of Alabama, State of Louisiana, State of Ohio, State of South Dakota, State of Tennessee, State of Kansas, State of Arkansas, State of Missouri, State of Florida, State of Idaho. (Attachments: # (1) Civil Cover Sheet)(Walters, Ryan)

1 Civil Cover Sheet

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Aug. 23, 2024

Aug. 23, 2024

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UNOPPOSED MOTION for Leave to File Exceed Page Limitations by State Of Texas, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Iowa, State of Kansas, State of Louisiana, State of Missouri, State of North Dakota, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Wyoming. (Attachments: # (1) Proposed Order)(Walters, Ryan)

1 Proposed Order

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Aug. 23, 2024

Aug. 23, 2024

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MOTION for Temporary Restraining Order, Preliminary Injunction, and Stay of Agency Action by State Of Texas, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Iowa, State of Kansas, State of Louisiana, State of Missouri, State of North Dakota, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Wyoming. (Attachments: # (1) Affidavit/Declaration, # (2) Affidavit/Declaration, # (3) Affidavit/Declaration, # (4) Affidavit/Declaration, # (5) Proposed Order)(Walters, Ryan)

1 Affidavit/Declaration

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2 Affidavit/Declaration

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3 Affidavit/Declaration

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4 Affidavit/Declaration

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5 Proposed Order

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Aug. 23, 2024

Aug. 23, 2024

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ORDER REGULATING PRACTICE. Signed by District Judge J. Campbell Barker. (wea)

Aug. 23, 2024

Aug. 23, 2024

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NOTICE of Attorney Appearance by Eric H Wessan on behalf of State of Iowa (Wessan, Eric) (Additional attachment(s) added on 8/23/2024: # (1) Flattened PDF) (wea).

1 Flattened PDF

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Aug. 23, 2024

Aug. 23, 2024

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NOTICE of Attorney Appearance - Pro Hac Vice by Ryan Giannetti on behalf of State Of Texas. Filing fee $ 100, receipt number ATXEDC-10316110. (Giannetti, Ryan) (Additional attachment(s) added on 8/26/2024: # (1) Approved PHV Application) (wea).

1 Approved PHF Application

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Aug. 23, 2024

Aug. 23, 2024

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NOTICE of Attorney Appearance - Pro Hac Vice by Gene Hamilton on behalf of State Of Texas. Filing fee $ 100, receipt number ATXEDC-10316223. (Hamilton, Gene)

Aug. 23, 2024

Aug. 23, 2024

RECAP
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NOTICE of Attorney Appearance by Erin Ryan on behalf of All Defendants (Ryan, Erin)

Aug. 23, 2024

Aug. 23, 2024

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MOTION for Discovery into Plaintiff's Standing, Stay of Briefing, and Schedukle Proposal by Ur Mendoza Jaddou, Patrick J Lechleiter, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, United States Department of Homeland Security, Shalanda Young. (Attachments: # (1) Proposed Order)(Ryan, Erin)

1 Proposed Order

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Aug. 23, 2024

Aug. 23, 2024

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NOTICE of Attorney Appearance by Erez Reuveni on behalf of All Defendants (Reuveni, Erez)

Aug. 23, 2024

Aug. 23, 2024

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SUMMONS Issued as to Ur Mendoza Jaddou, Patrick J Lechleiter, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, United States Department of Homeland Security, Shalanda Young. (Attachments: # (1) Summons, # (2) Summons, # (3) Summons, # (4) Summons, # (5) Summons, # (6) Summons)(ndc)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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Aug. 23, 2024

Aug. 23, 2024

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NOTICE of Attorney Appearance - Pro Hac Vice by Esther Sung on behalf of Oscar Silva Perez, Natalie Taylor, Salvador Doe, Justin Doe, Carmen Miranda Zayas, Ricardo Ocampo Hernandez, Jessika Ocampo Hernandez, Foday Turay, Jaxhiel Turay, Genaro Vicencio Palomino, Cindy Siqueiros Maduena, Coalition for Humane Immigrant Rights. Filing fee $ 100, receipt number ATXEDC-10318487. (Sung, Esther)

Aug. 26, 2024

Aug. 26, 2024

RECAP
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NOTICE of Attorney Appearance by M David Bryant on behalf of State Of Texas (Bryant, M)

Aug. 26, 2024

Aug. 26, 2024

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UNOPPOSED MOTION for Leave to File Excess Pages by Coalition for Humane Immigrant Rights, Justin Doe, Salvador Doe, Carmen Miranda Zayas, Jessika Ocampo Hernandez, Ricardo Ocampo Hernandez, Oscar Silva Perez, Cindy Siqueiros Maduena, Natalie Taylor, Foday Turay, Jaxhiel Turay, Genaro Vicencio Palomino. (Attachments: # (1) Proposed Order)(Sung, Esther)

1 Proposed Order

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Aug. 26, 2024

Aug. 26, 2024

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OPPOSED MOTION to Intervene by Coalition for Humane Immigrant Rights, Justin Doe, Salvador Doe, Carmen Miranda Zayas, Jessika Ocampo Hernandez, Ricardo Ocampo Hernandez, Oscar Silva Perez, Cindy Siqueiros Maduena, Natalie Taylor, Foday Turay, Jaxhiel Turay, Genaro Vicencio Palomino. (Attachments: # (1) Affidavit/Declaration of Oscar Silva Perez, # (2) Affidavit/Declaration of Natalie Taylor, # (3) Affidavit/Declaration of Salvador Doe, # (4) Affidavit/Declaration of Justin Doe, # (5) Affidavit/Declaration of Carmen Miranda Zayas, # (6) Affidavit/Declaration of Ricardo Ocampo Hernandez, # (7) Affidavit/Declaration of Jessika Ocampo Hernandez, # (8) Affidavit/Declaration of Foday Turay, # (9) Affidavit/Declaration of Jaxhiel Turay, # (10) Affidavit/Declaration of Genaro Vicencio Palomino, # (11) Affidavit/Declaration of Cindy Siqueiros Maduena, # (12) Affidavit/Declaration of Angelica Salas, # (13) Exhibit Proposed Answer of Proposed Intervenor Defendants)(Sung, Esther) (Additional attachment(s) added on 8/26/2024: # (14) Proposed Order) (wea).

1 Affidavit/Declaration of Oscar Silva Perez

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2 Affidavit/Declaration of Natalie Taylor

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3 Affidavit/Declaration of Salvador Doe

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4 Affidavit/Declaration of Justin Doe

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5 Affidavit/Declaration of Carmen Miranda Zayas

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6 Affidavit/Declaration of Ricardo Ocampo Hernandez

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7 Affidavit/Declaration of Jessika Ocampo Hernandez

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8 Affidavit/Declaration of Foday Turay

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9 Affidavit/Declaration of Jaxhiel Turay

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10 Affidavit/Declaration of Genaro Vicencio Palomino

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11 Affidavit/Declaration of Cindy Siqueiros Maduena

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12 Affidavit/Declaration of Angelica Salas

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13 Exhibit Proposed Answer of Proposed Intervenor Defendants

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14 Proposed Order

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Aug. 26, 2024

Aug. 26, 2024

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NOTICE of Impending Response to Defendants' Motion for Expedited Jurisdictional Discovery, Stay of Briefing, and Schedule Proposal by State Of Texas, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Iowa, State of Kansas, State of Louisiana, State of Missouri, State of North Dakota, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Wyoming re [9] MOTION for Discovery into Plaintiff's Standing, Stay of Briefing, and Schedukle Proposal (Walters, Ryan)

Aug. 26, 2024

Aug. 26, 2024

RECAP
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Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by Coalition for Humane Immigrant Rights (Sung, Esther)

Aug. 26, 2024

Aug. 26, 2024

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PROPOSED ORDER re [15] OPPOSED MOTION to Intervene /i> by Coalition for Humane Immigrant Rights, Justin Doe, Salvador Doe, Carmen Miranda Zayas, Jessika Ocampo Hernandez, Ricardo Ocampo Hernandez, Oscar Silva Perez, Cindy Siqueiros Maduena, Natalie Taylor, Foday Turay, Jaxhiel Turay, Genaro Vicencio Palomino (Sung, Esther) Modified on 8/26/2024 to correct event. (wea).

Aug. 26, 2024

Aug. 26, 2024

RECAP
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OPPOSED MOTION for Leave to Proceed Under Pseudonyms by Justin Doe, Salvador Doe. (Attachments: # (1) Affidavit/Declaration of Salvador Doe, # (2) Affidavit/Declaration of Paige Austin, Esq., # (3) Affidavit/Declaration of Justin Doe, # (4) Proposed Order)(Sung, Esther)

1 Affidavit/Declaration of Salvador Doe

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2 Affidavit/Declaration of Paige Austin, Esq.

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3 Affidavit/Declaration of Justin Doe

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4 Proposed Order

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Aug. 26, 2024

Aug. 26, 2024

RECAP
20

NOTICE of Attorney Appearance by Kathleen T. Hunker on behalf of State Of Texas (Hunker, Kathleen)

Aug. 26, 2024

Aug. 26, 2024

RECAP
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NOTICE of Attorney Appearance by Garrett Mitchell Greene on behalf of State Of Texas (Greene, Garrett)

Aug. 26, 2024

Aug. 26, 2024

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NOTICE of Attorney Appearance - Pro Hac Vice by Stephen John Petrany on behalf of State of Georgia. Filing fee $ 100, receipt number ATXEDC-10319342. (Petrany, Stephen)

Aug. 26, 2024

Aug. 26, 2024

RECAP
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NOTICE of Attorney Appearance - Pro Hac Vice by James K. Rogers on behalf of State Of Texas. Filing fee $ 100, receipt number ATXEDC-10319327. (Rogers, James)

Aug. 26, 2024

Aug. 26, 2024

RECAP
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NOTICE of Attorney Appearance - Pro Hac Vice by Thomas Elliot Gaiser on behalf of State of Ohio. Filing fee $ 100, receipt number ATXEDC-10319623. (Gaiser, Thomas)

Aug. 26, 2024

Aug. 26, 2024

RECAP
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NOTICE of Attorney Appearance - Pro Hac Vice by Hillary Li on behalf of Coalition for Humane Immigrant Rights, Justin Doe, Salvador Doe, Carmen Miranda Zayas, Jessika Ocampo Hernandez, Ricardo Ocampo Hernandez, Oscar Silva Perez, Cindy Siqueiros Maduena, Natalie Taylor, Foday Turay, Jaxhiel Turay, Genaro Vicencio Palomino. Filing fee $ 100, receipt number ATXEDC-10320367. (Li, Hillary)

Aug. 26, 2024

Aug. 26, 2024

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NOTICE of Attorney Appearance - Pro Hac Vice by Karen C. Tumlin on behalf of Coalition for Humane Immigrant Rights, Justin Doe, Salvador Doe, Carmen Miranda Zayas, Jessika Ocampo Hernandez, Ricardo Ocampo Hernandez, Oscar Silva Perez, Cindy Siqueiros Maduena, Natalie Taylor, Foday Turay, Jaxhiel Turay, Genaro Vicencio Palomino. Filing fee $ 100, receipt number ATXEDC-10320448. (Tumlin, Karen)

Aug. 26, 2024

Aug. 26, 2024

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ORDER granting temporary, administrative stay of agency action, setting case schedule, and granting in part Doc. 2 and Doc. 9. Signed by District Judge J. Campbell Barker on 8/26/2024. (ndc)

Aug. 26, 2024

Aug. 26, 2024

Clearinghouse
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NOTICE of Attorney Appearance - Pro Hac Vice by Brandon Galli-Graves on behalf of Coalition for Humane Immigrant Rights, Justin Doe, Salvador Doe, Carmen Miranda Zayas, Jessika Ocampo Hernandez, Ricardo Ocampo Hernandez, Oscar Silva Perez, Cindy Siqueiros Maduena, Natalie Taylor, Foday Turay, Jaxhiel Turay, Genaro Vicencio Palomino. Filing fee $ 100, receipt number ATXEDC-10320734. (Galli-Graves, Brandon)

Aug. 26, 2024

Aug. 26, 2024

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NOTICE of Attorney Appearance - Pro Hac Vice by Harold A Solis on behalf of Coalition for Humane Immigrant Rights, Justin Doe, Salvador Doe, Carmen Miranda Zayas, Jessika Ocampo Hernandez, Ricardo Ocampo Hernandez, Oscar Silva Perez, Cindy Siqueiros Maduena, Natalie Taylor, Foday Turay, Jaxhiel Turay, Genaro Vicencio Palomino. Filing fee $ 100, receipt number ATXEDC-10320739. (Solis, Harold)

Aug. 26, 2024

Aug. 26, 2024

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NOTICE of Attorney Appearance - Pro Hac Vice by Alan M Hurst on behalf of State of Idaho. Filing fee $ 100, receipt number ATXEDC-10322057. (Hurst, Alan)

Aug. 27, 2024

Aug. 27, 2024

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NOTICE of Attorney Appearance - Pro Hac Vice by Michael Zarian on behalf of State of Idaho. Filing fee $ 100, receipt number ATXEDC-10322081. (Zarian, Michael)

Aug. 27, 2024

Aug. 27, 2024

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NOTICE of Attorney Appearance - Pro Hac Vice by Vanessa Rivas-Bernardy on behalf of Coalition for Humane Immigrant Rights, Justin Doe, Salvador Doe, Carmen Miranda Zayas, Jessika Ocampo Hernandez, Ricardo Ocampo Hernandez, Oscar Silva Perez, Cindy Siqueiros Maduena, Natalie Taylor, Foday Turay, Jaxhiel Turay, Genaro Vicencio Palomino. Filing fee $ 100, receipt number ATXEDC-10324426. (Rivas-Bernardy, Vanessa)

Aug. 28, 2024

Aug. 28, 2024

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NOTICE of Attorney Appearance - Pro Hac Vice by Laura Flores-Perilla on behalf of Coalition for Humane Immigrant Rights, Justin Doe, Salvador Doe, Carmen Miranda Zayas, Jessika Ocampo Hernandez, Ricardo Ocampo Hernandez, Oscar Silva Perez, Cindy Siqueiros Maduena, Natalie Taylor, Foday Turay, Jaxhiel Turay, Genaro Vicencio Palomino. Filing fee $ 100, receipt number ATXEDC-10324420. (Flores-Perilla, Laura)

Aug. 28, 2024

Aug. 28, 2024

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NOTICE of Attorney Appearance - Pro Hac Vice by Clifton E Katz on behalf of State of South Dakota. Filing fee $ 100, receipt number ATXEDC-10324648. (Katz, Clifton)

Aug. 28, 2024

Aug. 28, 2024

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NOTICE of Attorney Appearance by Munera Al-Fuhaid on behalf of State Of Texas (Al-Fuhaid, Munera)

Aug. 28, 2024

Aug. 28, 2024

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JOINT NOTICE of Stipulation by Ur Mendoza Jaddou, Patrick J Lechleiter, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, United States Department of Homeland Security, Shalanda Young (Ryan, Erin)

Aug. 29, 2024

Aug. 29, 2024

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NOTICE of Attorney Appearance by Brian Ward on behalf of All Defendants (Ward, Brian)

Aug. 29, 2024

Aug. 29, 2024

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NOTICE of Attorney Appearance by Joseph Anton Darrow on behalf of All Defendants (Attachments: # (1) Exhibit Approved Pro Hac Vice Application)(Darrow, Joseph)

1 Exhibit Approved Pro Hac Vice Application

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Aug. 29, 2024

Aug. 29, 2024

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NOTICE of Attorney Appearance - Pro Hac Vice by Philip Axt on behalf of State of North Dakota. Filing fee $ 100, receipt number ATXEDC-10329376. (Axt, Philip)

Aug. 30, 2024

Aug. 30, 2024

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NOTICE of Attorney Appearance - Pro Hac Vice by Paige Austin on behalf of Coalition for Humane Immigrant Rights, Justin Doe, Salvador Doe, Carmen Miranda Zayas, Jessika Ocampo Hernandez, Ricardo Ocampo Hernandez, Oscar Silva Perez, Cindy Siqueiros Maduena, Natalie Taylor, Foday Turay, Jaxhiel Turay, Genaro Vicencio Palomino. Filing fee $ 100, receipt number ATXEDC-10330598. (Austin, Paige)

Aug. 30, 2024

Aug. 30, 2024

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RESPONSE in Opposition re [19] OPPOSED MOTION for Leave to Proceed Under Pseudonyms filed by State Of Texas, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Iowa, State of Kansas, State of Louisiana, State of Missouri, State of North Dakota, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Wyoming. (Hurst, Alan) (Additional attachment(s) added on 9/4/2024: # (1) Proposed Order) (wea).

1 Proposed Order

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Aug. 30, 2024

Aug. 30, 2024

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RESPONSE in Opposition re [15] OPPOSED MOTION to Intervene filed by State Of Texas, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Iowa, State of Kansas, State of Louisiana, State of Missouri, State of North Dakota, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Wyoming. (Attachments: # (1) Exhibit A - Email)(Walters, Ryan) (Additional attachment(s) added on 9/3/2024: # (2) Proposed Order) (wea).

1 Exhibit A - Email

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2 Proposed Order

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Aug. 30, 2024

Aug. 30, 2024

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**FILED IN ERROR. SEE CORRECT DOCUMENT AT [44].** REPLY to Response re [15] OPPOSED MOTION to Intervene filed by Coalition for Humane Immigrant Rights, Justin Doe, Salvador Doe, Carmen Miranda Zayas, Jessika Ocampo Hernandez, Ricardo Ocampo Hernandez, Oscar Silva Perez, Cindy Siqueiros Maduena, Natalie Taylor, Foday Turay, Jaxhiel Turay, Genaro Vicencio Palomino. (Sung, Esther) Modified on 9/3/2024 (wea).

Sept. 2, 2024

Sept. 2, 2024

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CORRECTED REPLY to Response re [15] OPPOSED MOTION to Intervene filed by Coalition for Humane Immigrant Rights, Justin Doe, Salvador Doe, Carmen Miranda Zayas, Jessika Ocampo Hernandez, Ricardo Ocampo Hernandez, Oscar Silva Perez, Cindy Siqueiros Maduena, Natalie Taylor, Foday Turay, Jaxhiel Turay, Genaro Vicencio Palomino. (Sung, Esther)

Sept. 2, 2024

Sept. 2, 2024

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REPLY to Response re [19] OPPOSED MOTION for Leave to Proceed Under Pseudonyms filed by Justin Doe, Salvador Doe. (Sung, Esther)

Sept. 2, 2024

Sept. 2, 2024

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UNOPPOSED MOTION for Leave to File Excess Pages In Defendants' Motion to Vacate the Administrative Stay by Ur Mendoza Jaddou, Patrick J Lechleiter, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, United States Department of Homeland Security, Shalanda Young. (Attachments: # (1) Proposed Order)(Darrow, Joseph)

1 Proposed Order

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Sept. 3, 2024

Sept. 3, 2024

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Order on Motion for Leave to File Excess Pages

Sept. 3, 2024

Sept. 3, 2024

PACER
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MOTION to Vacate [27] Order, Terminate Motions Motion to Vacate Administrative Stay and Opposition to a Stay Pending a Consolidated Hearing on the Merits by Ur Mendoza Jaddou, Patrick J Lechleiter, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, United States Department of Homeland Security, Shalanda Young. (Attachments: # (1) Proposed Order)(Darrow, Joseph)

1 Proposed Order

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Sept. 3, 2024

Sept. 3, 2024

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COURT ORDER granting [46] Unopposed Motion for Leave to File Excess Pages in Defendants' Motion to Vacate the Administrative Stay. Ordered by District Judge J. Campbell Barker on 9/3/2024. (ndc)

Sept. 3, 2024

Sept. 3, 2024

PACER
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OPINION AND ORDER granting 14 motion for excess pages, denying 15 motion to intervene, and denying as moot 19 motion to proceed under pseudonyms. Signed by District Judge J. Campbell Barker on 9/3/2024. (ndc)

Sept. 3, 2024

Sept. 3, 2024

Clearinghouse
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NOTICE OF APPEAL as to [49] Order on Motion for Leave to File Excess Pages, Order on Motion to Intervene, Order on Motion for Miscellaneous Relief by Coalition for Humane Immigrant Rights, Justin Doe, Salvador Doe, Carmen Miranda Zayas, Jessika Ocampo Hernandez, Ricardo Ocampo Hernandez, Oscar Silva Perez, Cindy Siqueiros Maduena, Natalie Taylor, Foday Turay, Jaxhiel Turay, Genaro Vicencio Palomino. Filing fee $ 605, receipt number ATXEDC-10334736. (Sung, Esther)

Sept. 3, 2024

Sept. 3, 2024

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CONSENT MOTION for Leave to File Amicus Brief by Coalition for Humane Immigrant Rights, Justin Doe, Salvador Doe, Carmen Miranda Zayas, Jessika Ocampo Hernandez, Ricardo Ocampo Hernandez, Oscar Silva Perez, Cindy Siqueiros Maduena, Natalie Taylor, Foday Turay, Jaxhiel Turay, Genaro Vicencio Palomino. (Attachments: # (1) Proposed Order)(Sung, Esther)

1 Proposed Order

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Sept. 4, 2024

Sept. 4, 2024

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Order on Motion for Leave to File

Sept. 4, 2024

Sept. 4, 2024

PACER
52

AMICUS BRIEF IN SUPPORT OF DEFENDANTS MOTION TO VACATE ADMINISTRATIVE STAY. (Sung, Esther) Modified on 9/5/2024 to correct event/docket text. (wea).

Sept. 4, 2024

Sept. 4, 2024

RECAP
53

COURT ORDER granting [51] motion for leave to file amicus brief. Ordered by District Judge J. Campbell Barker on 9/4/2024. (ndc)

Sept. 4, 2024

Sept. 4, 2024

PACER
54

COURT ORDER extending [27] temporary stay and restraining order, denying [47] motion to vacate the same, and modifying [27] scheduling order. Consolidated hearing on omnibus motions for preliminary and permanent relief is set for 9/18/2024, at 09:00 AM in Tyler, Texas before District Judge J. Campbell Barker. Signed by District Judge J. Campbell Barker on 9/4/2024. (ndc)

Sept. 4, 2024

Sept. 4, 2024

Clearinghouse
55

UNOPPOSED MOTION to Stay Defendants' Answer Deadline by Ur Mendoza Jaddou, Patrick J Lechleiter, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, United States Department of Homeland Security, Shalanda Young. (Attachments: # (1) Proposed Order)(Darrow, Joseph)

1 Proposed Order

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Sept. 4, 2024

Sept. 4, 2024

RECAP

Order on Motion to Stay

Sept. 5, 2024

Sept. 5, 2024

PACER

USCA Notice of Docketing NOA

Sept. 5, 2024

Sept. 5, 2024

PACER

NOTICE of Docketing Notice of Appeal from USCA re 50 Notice of Appeal, filed by Genaro Vicencio Palomino, Carmen Miranda Zayas, Jessika Ocampo Hernandez, Oscar Silva Perez, Salvador Doe, Foday Turay, Justin Doe, Coalition for Humane Immigrant Rights, Natalie Taylor, Ricardo Ocampo Hernandez, Cindy Siqueiros Maduena, Jaxhiel Turay. USCA Case Number 24-40571 (wea)

Sept. 5, 2024

Sept. 5, 2024

PACER
56

COURT ORDER granting [55] unopposed motion to stay defendants' answer deadline. Ordered by District Judge J. Campbell Barker on 9/5/2024. (ndc)

Sept. 5, 2024

Sept. 5, 2024

PACER

Appeal Remark re: Counsel can access the record on appeal by following the instructions in the link. If an appearance wasn't made in the appellant court, counsel doesn't have access through the link. Link to Instructions(wea)

Sept. 6, 2024

Sept. 6, 2024

PACER
57

NOTICE of Attorney Appearance - Pro Hac Vice by James Hamilton Percival, II on behalf of State of Florida. Filing fee $ 100, receipt number ATXEDC-10342175. (Percival, James)

Sept. 6, 2024

Sept. 6, 2024

RECAP
58

NOTICE of Attorney Appearance - Pro Hac Vice by James Emory Smith, Jr on behalf of State of South Carolina. Filing fee $ 100, receipt number ATXEDC-10342191. (Smith, James)

Sept. 6, 2024

Sept. 6, 2024

RECAP
62

DOCUMENT RECEIVED - NO ACTION TAKEN pursuant to Doc. [70] MOTION for Declaratory Judgment by Robert A. Heghmann. (Attachments: # (1) Envelope)(wea) Modified on 10/4/2024 (ndc). Modified on 10/4/2024 (ndc).

1 Envelope

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Sept. 6, 2024

Sept. 6, 2024

RECAP
63

DOCUMENT RECEIVED - NO ACTION TAKEN pursuant to Doc. [70] Petition for Writ of Error Coram Nobis by Robert A. Heghmann. (Attachments: # (1) Memorandum, # (2) Appendix, # (3) Exhibit 1, # (4) Exhibit 2, # (5) Exhibit 3, # (6) Exhibit 4, # (7) Exhibit 5, # (8) Exhibit 6, # (9) Exhibit 7, # (10) Exhibit 8, # (11) Exhibit 9, # (12) Exhibit 10, # (13) Exhibit 11, # (14) Exhibit 12, # (15) Exhibit 13, # (16) Exhibit 14, # (17) Exhibit 15, # (18) Exhibit 16, # (19) Exhibit 17, # (20) Exhibit 18, # (21) Exhibit 19, # (22) Exhibit 20, # (23) Exhibit 21, # (24) Exhibit 22, # (25) Exhibit 23, # (26) Exhibit 24, # (27) Exhibit 25)(wea) Modified on 10/4/2024 (ndc).

1 Memorandum

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2 Appendix

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Exhibit 7

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10 Exhibit 8

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11 Exhibit 9

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12 Exhibit 10

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13 Exhibit 11

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14 Exhibit 12

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15 Exhibit 13

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16 Exhibit 14

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17 Exhibit 15

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18 Exhibit 16

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19 Exhibit 17

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20 Exhibit 18

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21 Exhibit 19

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22 Exhibit 20

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23 Exhibit 21

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24 Exhibit 22

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25 Exhibit 23

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26 Exhibit 24

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27 Exhibit 25

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Sept. 6, 2024

Sept. 6, 2024

RECAP
59

NOTICE of Attorney Appearance by Caroline McGuire on behalf of All Defendants (McGuire, Caroline)

Sept. 9, 2024

Sept. 9, 2024

RECAP
60

FIRST NOTICE of Attorney Appearance by Larry Eugene Meadows on behalf of Larissa E Meadows (Meadows, Larry)

Sept. 10, 2024

Sept. 10, 2024

RECAP
61

NOTICE of Attorney Appearance - Pro Hac Vice by Ryan Schelhaas on behalf of State of Wyoming. Filing fee $ 100, receipt number ATXEDC-10349555. (Schelhaas, Ryan)

Sept. 10, 2024

Sept. 10, 2024

RECAP
64

ORDER of USCA as to [50] Notice of Appeal. We administratively STAY proceedings in the district court pending a decision on the merits or other order of this court. The stay issued by the district court will remain in effect pending further order of this court (Attachments: # (1) USCA Transmittal Letter)(wea)

1 USCA Transmittal Letter

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Sept. 11, 2024

Sept. 11, 2024

RECAP
65

NOTICE memorializing that the 9/18/2024 hearing and trial setting is canceled and that all unexpired deadlines in the court's scheduling order are stayed pursuant to [64] the court of appeals' order administratively staying proceedings. (ndc)

Sept. 11, 2024

Sept. 11, 2024

RECAP
66

NOTICE of Attorney Appearance - Pro Hac Vice by Robert Overing on behalf of State of Alabama. Filing fee $ 100, receipt number ATXEDC-10376690. (Overing, Robert)

Sept. 24, 2024

Sept. 24, 2024

RECAP
67

UNOPPOSED MOTION to Withdraw as Attorney by Coalition for Humane Immigrant Rights, Justin Doe, Salvador Doe, Carmen Miranda Zayas, Jessika Ocampo Hernandez, Ricardo Ocampo Hernandez, Oscar Silva Perez, Cindy Siqueiros Maduena, Natalie Taylor, Foday Turay, Jaxhiel Turay, Genaro Vicencio Palomino. (Attachments: # (1) Proposed Order)(Rivas-Bernardy, Vanessa)

1 Proposed Order

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Sept. 27, 2024

Sept. 27, 2024

RECAP
68

COURT ORDER granting [67] unopposed motion to withdraw. The clerk of court is ordered to remove Vanessa Rivas-Bernardy as counsel of record for the putative intervenor defendants. Ordered by District Judge J. Campbell Barker on 10/4/2024. (ndc)

Oct. 4, 2024

Oct. 4, 2024

PACER

Order on Motion to Withdraw as Attorney

Oct. 4, 2024

Oct. 4, 2024

PACER
69

CASE MANAGEMENT ORDER. Consolidated hearing on pending motions, and if necessary bench trial to resolve factual issues set for 11/5/2024 at 09:00 AM before District Judge J. Campbell Barker. The temporary stay and restraining order is reimposed with the same terms and will expire on 11/8/2024. Signed by District Judge J. Campbell Barker on 10/4/2024. (ndc)

Oct. 4, 2024

Oct. 4, 2024

RECAP
70

Non-action letter regarding [62] and [63]. (ndc)

Oct. 4, 2024

Oct. 4, 2024

RECAP
71

ORDER inviting briefing on 6 U.S.C. § 202(4). Signed by District Judge J. Campbell Barker on 10/15/2024. (ndc)

Oct. 15, 2024

Oct. 15, 2024

RECAP

Order on Motion for Leave to File

Oct. 15, 2024

Oct. 15, 2024

PACER
72

NOTICE of Attorney Appearance - Pro Hac Vice by Michael Ray Williams on behalf of State of West Virginia. Filing fee $ 100, receipt number ATXEDC-10418669. (Williams, Michael)

Oct. 15, 2024

Oct. 15, 2024

RECAP
73

CONSENT MOTION for Leave to File A Brief of Amicus Curiae In Support of Plaintiffs by State of West Virginia. (Attachments: # (1) Proposed Order)(Williams, Michael)

1 Proposed Order

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Oct. 15, 2024

Oct. 15, 2024

RECAP
74

MOTION re [73] CONSENT MOTION for Leave to File A Brief of Amicus Curiae In Support of Plaintiffs (Brief of Amici Curiae States of West Virginia, Montana, and 5 Other States in Support of Plaintiffs) by State of West Virginia. (Williams, Michael)

Oct. 15, 2024

Oct. 15, 2024

RECAP
75

COURT ORDER granting [73] consent motion for leave to file [74] amicus curiae brief. Ordered by District Judge J. Campbell Barker on 10/15/2024. (ndc)

Oct. 15, 2024

Oct. 15, 2024

PACER
76

ORDER inviting briefing. Signed by District Judge J. Campbell Barker on 10/17/2024. (ndc)

Oct. 17, 2024

Oct. 17, 2024

RECAP
77

MOTION for Summary Judgment And Trial Brief by Ur Mendoza Jaddou, Patrick J Lechleiter, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, United States Department of Homeland Security, Shalanda Young. (Attachments: # (1) Exhibit A - Plaintiffs' Discovery Responses, # (2) Exhibit B - Declaration of Susan Bricker, # (3) Exhibit C - Declaration of James Terry, # (4) Exhibit D - Declaration of Lisa Kalakanis)(Darrow, Joseph) (Additional attachment(s) added on 10/23/2024: # (5) Proposed Order) (wea).

1 Exhibit A - Plaintiffs' Discovery Responses

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2 Exhibit B - Declaration of Susan Bricker

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3 Exhibit C - Declaration of James Terry

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4 Exhibit D - Declaration of Lisa Kalakanis

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5 Proposed Order

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Oct. 18, 2024

Oct. 18, 2024

RECAP
78

MOTION for Summary Judgment Motion for PI and Stay of Agency Action, and Trial Brief by State Of Texas. (Attachments: # (1) Exhibit Plaintiffs' Exh A-F, # (2) Proposed Order)(Walters, Ryan)

1 Exhibit Plaintiffs' Exh A-F

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2 Proposed Order

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Oct. 19, 2024

Oct. 19, 2024

RECAP
79

CORRECTED MOTION for Summary Judgment Motion for PI and Stay of Agency Action, and Trial Brief by State Of Texas. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Proposed Order)(Walters, Ryan)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Proposed Order

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Oct. 19, 2024

Oct. 19, 2024

RECAP
80

Order Regulating Practice (Updating JCB-CV-10). Signed by District Judge J. Campbell Barker on 10/21/2024. (ndc)

Oct. 21, 2024

Oct. 21, 2024

RECAP
81

Non-action letter. (Attachments: # (1) Letter from Robert Heghmann 10/14/2024) (ndc)

1 Letter from Robert Heghmann 10/14/2024

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Oct. 21, 2024

Oct. 21, 2024

RECAP
82

NOTICE of Attorney Appearance - Pro Hac Vice by Kartik Naram on behalf of State of New York. Filing fee $ 100, receipt number ATXEDC-10432596. (Naram, Kartik)

Oct. 22, 2024

Oct. 22, 2024

RECAP
83

MOTION for Leave to File Excess Pages by Coalition for Humane Immigrant Rights, Justin Doe, Salvador Doe, Carmen Miranda Zayas, Jessika Ocampo Hernandez, Ricardo Ocampo Hernandez, Oscar Silva Perez, Cindy Siqueiros Maduena, Natalie Taylor, Foday Turay, Jaxhiel Turay, Genaro Vicencio Palomino. (Attachments: # (1) Proposed Order Proposed Order)(Solis, Harold)

1 Proposed Order Proposed Order

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Oct. 22, 2024

Oct. 22, 2024

RECAP
84

OPPOSED MOTION to Intervene based on changed circumstances by Coalition for Humane Immigrant Rights, Justin Doe, Salvador Doe, Carmen Miranda Zayas, Jessika Ocampo Hernandez, Ricardo Ocampo Hernandez, Oscar Silva Perez, Cindy Siqueiros Maduena, Natalie Taylor, Foday Turay, Jaxhiel Turay, Genaro Vicencio Palomino. (Attachments: # (1) Affidavit/Declaration Dr. Leighton Ku, # (2) Affidavit/Declaration Dr. Charis Kubrin, # (3) Affidavit/Declaration Drs. Gandara and Orfield, # (4) Affidavit/Declaration Dr. Smith, # (5) Affidavit/Declaration Debra Rogers, # (6) Proposed Order)(Solis, Harold)

1 Affidavit/Declaration Dr. Leighton Ku

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2 Affidavit/Declaration Dr. Charis Kubrin

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3 Affidavit/Declaration Drs. Gandara and Orfield

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4 Affidavit/Declaration Dr. Smith

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5 Affidavit/Declaration Debra Rogers

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6 Proposed Order

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Oct. 22, 2024

Oct. 22, 2024

RECAP
85

MOTION for Leave to File Proceed Under Pseudonyms by Justin Doe, Salvador Doe. (Attachments: # (1) Proposed Order)(Solis, Harold)

1 Proposed Order

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Oct. 22, 2024

Oct. 22, 2024

RECAP
86

NOTICE by State Of Texas, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Iowa, State of Kansas, State of Louisiana, State of Missouri, State of North Dakota, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Wyoming re [84] OPPOSED MOTION to Intervene based on changed circumstances (Walters, Ryan)

Oct. 22, 2024

Oct. 22, 2024

RECAP
87

NOTICE of Fifth Circuit Order to Show Cause by State Of Texas, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Iowa, State of Kansas, State of Louisiana, State of Missouri, State of North Dakota, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Wyoming re [84] OPPOSED MOTION to Intervene based on changed circumstances, [86] Notice (Other), (Attachments: # (1) Exhibit Order of the U.S. Court of Appeals for the Fifth Circuit)(Walters, Ryan)

1 Exhibit Order of the U.S. Court of Appeals for the Fifth Circuit

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Oct. 23, 2024

Oct. 23, 2024

RECAP
88

ORDER granting 83 Motion for Leave to File Excess Pages; Denying in Part 84 Motion to Intervene; Denied as to Intervention but Granted as to Filing Declarations with the Amicus Brief; Denying as Moot 85 Motion for Leave to File. Signed by District Judge J. Campbell Barker on 10/24/2024. (jbe)

Oct. 24, 2024

Oct. 24, 2024

Clearinghouse
89

NOTICE of Attorney Appearance by Amanda Waterhouse on behalf of American Immigration Lawyers Association (AILA) (Waterhouse, Amanda)

Oct. 25, 2024

Oct. 25, 2024

RECAP
90

CONSENT MOTION for Leave to File as Amicus Curiae by American Immigration Lawyers Association (AILA). (Attachments: # (1) Proposed Order)(Waterhouse, Amanda)

1 Proposed Order

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Oct. 25, 2024

Oct. 25, 2024

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Case Details