Case: Friends of the Ruidosa Church v. Mullin etal

3:26-cv-01099 | U.S. District Court for the Western District of Texas

Filed Date: April 16, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the Department of Homeland Security's and the U.S. Customs and Border Protection's invocation of statutory waiver authority to facilitate large-scale border wall construction in the Big Bend region of Texas. On April 16, 2026, Friends of the Ruidosa Church and the Center for Biological Diversity filed a lawsuit in the U.S. District Court for the Western District of Texas challenging the federal government's invocation of sweeping legal waivers to expedite construction of an…

On April 16, 2026, Friends of the Ruidosa Church and the Center for Biological Diversity filed a lawsuit in the U.S. District Court for the Western District of Texas challenging the federal government's invocation of sweeping legal waivers to expedite construction of an extensive border wall. The defendants included the Secretary of Homeland Security, the U.S. Department of Homeland Security (DHS), and U.S. Customs and Border Protection. Plaintiffs alleged that on February 17, 2026, DHS unconstitutionally invoked Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) to waive environmental and historic preservation laws, among numerous other federal laws. This action was taken to expedite the construction of the "Big Bend Wall Project," a barrier spanning over 250 miles along the Rio Grande in Texas's Big Bend region. The complaint alleged that this project would destroy iconic sections of the Rio Grande corridor. The lawsuit asserted five constitutional claims alleging violations of the Major Questions Doctrine, the Nondelegation Doctrine, the Take Care Clause, the Fifth Amendment's Due Process Clause, and the Presentment Clause. The plaintiffs sought comprehensive relief, including declaratory and injunctive relief to halt the project, a declaration that the legal waivers were unconstitutional, and attorneys' fees.

This case was assigned to District Judge Kathleen Cardone.

On June 11, 2026, the plaintiffs filed an amended complaint after DHS announced an additional Section 102(c) waiver for border wall construction in the Big Bend region. The amended complaint expanded the challenge to include both the February 17, 2026, "West Waiver" and a May 15, 2026, "National Park Waiver," as republished on June 9, 2026, authorizing approximately 180 additional miles of border wall construction through Big Bend National Park. The amended complaint alleged that the challenged waivers represented part of a larger executive program to achieve a complete, cross-continental border barrier. Together, the challenged waivers authorized more than 430 miles of border wall, roads, lighting, and related infrastructure. The amended complaint also added a Presentment Clause claim, alleging that Section 102(c)'s waiver authority permits the Secretary of Homeland Security to effectively nullify portions of duly enacted federal statutes without bicameralism and presentment. The plaintiffs otherwise continued to seek declaratory and injunctive relief preventing implementation of the challenged waivers.

On July 13, 2026, the plaintiffs filed a first amended complaint, and on August 11, 2026, filed a second supplemented complaint. The plaintiffs added two new constitutional challenges to the Presentment Clause and an expanded Major Questions Doctrine argument, and expanded the scope of the Big Bend Wall Project from a single 250-mile initiative to three distinct projects—the West Wall, National Park Wall, and Lower Canyons Wall—covering a combined 607 miles. They also added three new waivers issued between May and July 2026 while detailing procedural irregularities in their issuance. The plaintiffs' allegations were strengthened with more descriptions of harm, including ecological damage, such as the designation of El Corazón Sagrado de la Iglesia de Jesús as one of America's 11 Most Endangered Historic Places.

The parties filed cross motions for summary judgment.

On August 17, 2026, the plaintiffs filed a motion for a preliminary injunction or temporary restraining order. Following an evidentiary hearing, the Court granted the preliminary injunction on October 2, 2026. The court applied the four-factor standard under Federal Rule of Civil Procedure 65 and Fifth Circuit precedent and found that the plaintiffs demonstrated a likelihood of success on the merits, irreparable harm, and that the balance of equities and public interest favored injunctive relief. The Court enjoined the defendants from proceeding with construction or ground-disturbing activities in the Big Bend Sector and stayed the effect of the Big Bend Waivers for the duration of the injunction. The order took immediate effect, with a memorandum opinion detailing the court’s reasoning to follow.

The defendants sought to stay the preliminary injunction on October 8, 2026.

On October 14, District Judge Cardone issued a memorandum opinion, ruling that DHS exceeded statutory authority under IIRIRA by issuing waivers to bypass environmental and other laws for infrastructure projects in the region. The court found jurisdiction to review the plaintiffs’ Major Questions Doctrine claim and determined that the Big Bend Sector—an area with minimal migrant apprehensions and drug seizures—did not qualify as a zone of "high illegal entry" under IIRIRA. Plaintiffs demonstrated a substantial likelihood of success on the merits, irreparable harm to ecosystems and local interests, and that the balance of equities favored injunctive relief. As a result, the court enjoined DHS from proceeding with construction until compliance with all applicable laws, staying the effect of the waivers pending further litigation. 2026 WL 3077397.

Following this, on October 20, 2026, the court denied the motion to stay. 2026 WL 3062870. The Court concluded that the defendants failed to demonstrate a strong likelihood of success on the merits, as their arguments largely repeated those already rejected in the preliminary injunction ruling. While the defendants asserted irreparable harm from delayed immigration and drug enforcement efforts, the court found these harms were outweighed by the significant environmental, aesthetic, and recreational injuries to the plaintiffs. The Court also rejected the defendants' claim that the injunction was overbroad, holding it was narrowly tailored to prevent widespread ecological damage. The October 2, 2026, preliminary injunction remains in effect. 2026 WL 3062870.

The defendants submitted an application to stay the preliminary injunction on October 21, 2026, in the United States Supreme Court.

As of October 23, 2026, this case is ongoing.

Summary Authors

Niam Vora (6/30/2026)

Haleigh Knowles (10/8/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73199706/parties/friends-of-the-ruidosa-church-v-mullin-etal/

Judge(s)

Cardone, Kathleen (Texas)

Attorney for Plaintiff

Fletcher, Brian H.

Attorney for Defendant

Amaechi, Pamela (Texas)

Callahan, Kristy Karen (Texas)

Expert/Monitor/Master/Other

Boling, Edward Andersen (Texas)

Judge(s)

Cardone, Kathleen (Texas)

Attorney for Plaintiff

Fletcher, Brian H.

Graves, Zeynep (Texas)

Kumar, Kate Gibson (Texas)

Labuschagne, Shannon Eva (Texas)

Park, Alana Lani (Texas)

Rynders, Dustin (Texas)

Weiss, Charlotte Jane (Texas)

Yip, Emma (Texas)

Attorney for Defendant

Amaechi, Pamela (Texas)

Callahan, Kristy Karen (Texas)

Glitzenstein, Eric R.

Yun, Alexander James (Texas)

Other

Boling, Edward Andersen (Texas)

Jensen, Thomas Christian (Texas)

Riley, Meghan L. (Texas)

Ta, Janice L. (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 3:26-cv-01099	Complaint for Declaratory and Injunctive Relief Friends of Ruidosa Church v. Mullin	April 16, 2026	April 16, 2026 Complaint
11 3:26-cv-01099	First Amended Complaint For Declaratory And Injunctive Relief Friends of the Ruidosa Church v. Mullin et al	June 11, 2026	June 11, 2026 Complaint
18 3:26-cv-01099	First Amended and Supplemented Complaint for Declaratory and Injunctive Relief Friends of Ruidosa Church v. Mullin	July 13, 2026	July 13, 2026 Complaint
26 3:26-cv-01099	First Amended and Second Supplemented Complaint for Declaratory and Injunctive Relief Friends of the Ruidosa Church v. Mullin	Aug. 11, 2026	Aug. 11, 2026 Complaint
66 3:26-cv-01099	Order Granting Preliminary Injunction Friends of the Ruidosa Church v. Mullin	Oct. 2, 2026	Oct. 2, 2026 Order/Opinion
75 3:26-cv-01099	Memorandum Opinion Friends of the Ruidosa Church v. Mullin et. al.	Oct. 14, 2026	Oct. 14, 2026 Order/Opinion 2026 WL 3077397
78 3:26-cv-01099	Order Friends of the Ruidosa Church v. Mullin et. al.	Oct. 20, 2026	Oct. 20, 2026 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/73199706/friends-of-the-ruidosa-church-v-mullin-etal/

Last updated Nov. 13, 2026, 3:39 a.m.

Docket for: Friends of the Ruidosa Church v. Mullin etal

ECF Number	Date	Description	Link
1	April 16, 2026	COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ( Filing fee $ 405 receipt number ATXWDC-21772377). No Summons requested at this time, filed by Friends of the Ruidosa Church, Danny William Miller Junior, Center for Biological Diversity. (Attachments: # 1 Corporate Disclosure Statement-Friends of Ruidosa Church, # 2 Corporate Disclosure Statement-Center for Biological Diversity, # 3 Notice of Related Case, # 4 Civil Cover Sheet)(Rynders, Dustin) (Entered: 04/16/2026) 1 Corporate Disclosure Statement-Friends of Ruidosa Church View on PACER 2 Corporate Disclosure Statement-Center for Biological Diversity View on PACER 3 Notice of Related Case View on RECAP 4 Civil Cover Sheet View on RECAP	Clearinghouse
2	April 16, 2026	MOTION to Appear Pro Hac Vice by Dustin Rynders on behalf of Emma Yip ( Filing fee $ 100 receipt number ATXWDC-21777373) by on behalf of Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Proposed Order)(Rynders, Dustin) (Entered: 04/16/2026) 1 Proposed Order View on PACER	RECAP
3	April 16, 2026	MOTION to Appear Pro Hac Vice by Dustin Rynders on behalf of Shannon Labuschagne ( Filing fee $ 100 receipt number ATXWDC-21777404) by on behalf of Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Proposed Order)(Rynders, Dustin) (Entered: 04/16/2026) 1 Proposed Order View on PACER	RECAP
4	April 16, 2026	MOTION to Appear Pro Hac Vice by Dustin Rynders on behalf of Zeynep J. Graves ( Filing fee $ 100 receipt number ATXWDC-21777455) by on behalf of Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Proposed Order)(Rynders, Dustin) (Entered: 04/16/2026) 1 Proposed Order View on PACER	RECAP
5	April 16, 2026	REQUEST FOR ISSUANCE OF SUMMONS by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. Summons to U.S. Department of Justice, U.S. Customs and Border Protection, U.S. Department of Homeland Security, Markwayne Mullin, Secretary of Homeland Security-U.S. Department of Homeland Security and U.S. Attorney for the Western District of Texas. (Rynders, Dustin) (Entered: 04/16/2026)	RECAP
6	April 16, 2026	Summons Issued as to Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Attorney and U.S. Attorney General (mc4) (Entered: 04/16/2026)	RECAP
7	April 16, 2026	NOTICE of NOTICE OF RELATED CASE FILED IN CASE NO. 3:26-cv-00976-KC; CENTER FOR BIOLOGICAL DIVERSITY v. U.S. CUSTOMS AND BORDER PROTECTION by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior (Attachments: # 1 Exhibit 1)(Rynders, Dustin) (Entered: 04/16/2026) 1 Exhibit 1 View on RECAP	RECAP
	April 16, 2026	To be Referred to EP Mag Judge
	April 16, 2026	Case Assigned/Reassigned
	April 16, 2026	Case assigned to Judge Kathleen Cardone. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (mc4)
	April 16, 2026	If ordered by the court, all referrals will be assigned to Magistrate Judge Castaneda (mc4)
8	April 18, 2026	ORDER GRANTING IN PART 2 Motion to Appear Pro Hac Vice as to Attorney Emma Yip. Signed by Judge Kathleen Cardone. (mc4) (Entered: 04/20/2026)	RECAP
9	April 18, 2026	ORDER GRANTING IN PART 3 Motion to Appear Pro Hac Vice as to Attorney Shannon Eva Labuschagne. Signed by Judge Kathleen Cardone. (mc4) (Entered: 04/20/2026)	RECAP
	April 18, 2026	Order on Motion to Appear Pro Hac Vice
	April 18, 2026	Text Order GRANTING 4 Motion to Appear Pro Hac Vice.IT IS ORDERED that attorney Zeynep J. Graves may appear on behalf of Plaintiffs. IT IS FURTHER ORDERED that Zeynep J. Graves, if he has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Court Rule AT-1(f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
10	May 5, 2026	NOTICE OF COMPLIANCE by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior re 9 Order on Motion to Appear Pro Hac Vice, 8 Order on Motion to Appear Pro Hac Vice (Yip, Emma) (Entered: 05/05/2026)	RECAP
11	June 11, 2026	AMENDED COMPLAINT against All Defendants amending 1 Complaint,., filed by Friends of the Ruidosa Church, Danny William Miller Junior, Center for Biological Diversity.(Yip, Emma) (Entered: 06/11/2026)	Clearinghouse
12	June 16, 2026	NOTICE of Attorney Appearance by Alexander James Yun on behalf of Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security. Attorney Alexander James Yun added to party Markwayne Mullin(pty:dft), Attorney Alexander James Yun added to party U.S. Customs and Border Protection(pty:dft), Attorney Alexander James Yun added to party U.S. Department of Homeland Security(pty:dft) (Yun, Alexander) (Entered: 06/16/2026)	RECAP
13	June 16, 2026	NOTICE of Consent to Amend Complaint by Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security re 11 Amended Complaint (Yun, Alexander) (Entered: 06/16/2026)	RECAP
14	June 18, 2026	SUMMONS Returned Executed by Friends of the Ruidosa Church, Danny William Miller Junior, Center for Biological Diversity. All Defendants. (Attachments: # 1 Exhibit U.S. Attorney, # 2 Exhibit Sec. Mullin, # 3 Exhibit DHS, # 4 Exhibit CBP, # 5 Exhibit AG, # 6 Exhibit Civ. Process Clerk)(Yip, Emma) (Entered: 06/18/2026) 1 Exhibit U.S. Attorney View on RECAP 2 Exhibit Sec. Mullin View on RECAP 3 Exhibit DHS View on RECAP 4 Exhibit CBP View on RECAP 5 Exhibit AG View on RECAP 6 Exhibit Civ. Process Clerk View on RECAP	RECAP
15	June 22, 2026	Joint MOTION for Entry of Scheduling Order Deadlines by Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order)(Yun, Alexander) (Entered: 06/22/2026) 1 Proposed Order View on RECAP	RECAP
16	June 23, 2026	ORDER GRANTING 15 Motion for Entry of Scheduling Order Signed by Judge Kathleen Cardone. (dt) (Entered: 06/23/2026)	RECAP
17	July 10, 2026	Unopposed MOTION FOR LEAVE to File a Supplement to 11 Amended Complaint by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Exhibit 1 - Supplement to Amended Complaint, # 2 Proposed Order)(Yip, Emma) Modified on 7/10/2026 (mc4). (Entered: 07/10/2026) 1 Exhibit 1 - Supplement to Amended Complaint View on RECAP 2 Proposed Order View on RECAP	RECAP
18	July 13, 2026	FIRST AMENDED AND SUPPLEMENTED COMPLAINT for Declaratory and Injunctive Relief against Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security, filed by Friends of the Ruidosa Church, Danny William Miller Junior, Center for Biological Diversity.(mc4) (Entered: 07/13/2026)	Clearinghouse
	July 13, 2026	Order on Motion to Supplement
	July 13, 2026	Text Order GRANTING 17 Motion to supplement entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
19	July 17, 2026	MOTION for Summary Judgment by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Appendix Proposed Undisputed Facts, # 2 Appendix Appendix of Evidence: Volume 1, # 3 Appendix Appendix of Evidence: Volume 2, # 4 Proposed Order, # 5 Exhibit Certificate of Service)(Yip, Emma) (Entered: 07/17/2026) 1 Appendix Proposed Undisputed Facts View on RECAP 2 Appendix Appendix of Evidence: Volume 1 View on RECAP 3 Appendix Appendix of Evidence: Volume 2 View on RECAP 4 Proposed Order View on RECAP 5 Exhibit Certificate of Service View on RECAP	RECAP
20	July 30, 2026	CERTIFICATE OF SERVICE by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior 11 Amended Complaint (Attachments: # 1 Exhibit 1 - US Attorney, # 2 Exhibit 2 - Secretary Mullin, # 3 Exhibit 3 - CBP, # 4 Exhibit 4 - US AG, # 5 Exhibit 5 - DHS)(Yip, Emma) (Entered: 07/30/2026)	RECAP
21	Aug. 6, 2026	Unopposed MOTION to Expedite by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Exhibit Yip Decl., # 2 Exhibit Yip Decl. Ex. 1, # 3 Exhibit Yip Decl. Ex. 2, # 4 Exhibit Yip Decl. Ex. 3, # 5 Exhibit Yip Decl. Ex. 4, # 6 Exhibit Yip Decl. Ex. 5, # 7 Exhibit Jordahl Decl., # 8 Exhibit Jordahl Decl. Ex. 1)(Yip, Emma) (Entered: 08/06/2026) 1 Exhibit Yip Decl. View on RECAP 2 Exhibit Yip Decl. Ex. 1 View on RECAP 3 Exhibit Yip Decl. Ex. 2 View on RECAP 4 Exhibit Yip Decl. Ex. 3 View on RECAP 5 Exhibit Yip Decl. Ex. 4 View on RECAP 6 Exhibit Yip Decl. Ex. 5 View on RECAP 7 Exhibit Jordahl Decl. View on RECAP 8 Exhibit Jordahl Decl. Ex. 1 View on RECAP	RECAP
22	Aug. 7, 2026	NOTICE OF ERRATA by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior re 21 Unopposed MOTION to Expedite (Attachments: # 1 Errata)(Yip, Emma) (Entered: 08/07/2026) 1 Errata View on RECAP	RECAP
23	Aug. 7, 2026	Unopposed MOTION to supplement re 18 Amended Complaint, by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Exhibit 1 - Second Supplement)(Yip, Emma) (Entered: 08/07/2026) 1 Exhibit 1 - Second Supplement View on RECAP	RECAP
24	Aug. 7, 2026	MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment by Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Defendants' Proposed Undisputed Facts, # 2 Defendants' Response to Plaintiffs' Proposed Undisputed Facts)(Yun, Alexander) (Entered: 08/07/2026) 1 Defendants' Proposed Undisputed Facts View on RECAP 2 Defendants' Response to Plaintiffs' Proposed Undisputed Facts View on RECAP	RECAP
25	Aug. 7, 2026	ORDER TAKING UNDER ADVISEMENT 21 Motion to Expedite, Plaintiffs shall FILE an advisory by no later than August 14, 2026. Signed by Judge Kathleen Cardone. (jr1) (Entered: 08/10/2026)	RECAP
26	Aug. 11, 2026	FIRST AMENDED AND SECOND SUPPLEMENTED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security amending, filed by Friends of the Ruidosa Church, Danny William Miller Junior, Center for Biological Diversity. (jr1) (Entered: 08/11/2026)	Clearinghouse
	Aug. 11, 2026	Order on Motion to Supplement
	Aug. 11, 2026	Text Order GRANTING 23 Motion to supplement entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
27	Aug. 12, 2026	ADVISORY TO THE COURT by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior . (Yip, Emma) (Entered: 08/12/2026)	RECAP
28	Aug. 13, 2026	ORDER DENYING 21 Motion to Expedite Signed by Judge Kathleen Cardone. (mao) (Entered: 08/13/2026)	RECAP
29	Aug. 14, 2026	MOTION for Leave to File Amicus Brief by Janice Ta. by The Coalition to Protect Americas National Parks, Keep Big Bend Wild. (Attachments: # 1 Brief of Amici Curiae, # 2 Proposed Order)(Ta, Janice) (Entered: 08/14/2026) 1 Brief of Amici Curiae View on RECAP 2 Proposed Order View on RECAP	RECAP
30	Aug. 14, 2026	MOTION to Appear Pro Hac Vice by Janice L. Ta for Edward A. Boling ( Filing fee $ 100 receipt number ATXWDC-22483179) by on behalf of Keep Big Bend Wild, The Coalition to Protect Americas National Parks. (Ta, Janice) (Entered: 08/14/2026)	RECAP
31	Aug. 14, 2026	MOTION to Appear Pro Hac Vice by Janice L. Ta for Thomas C. Jensen ( Filing fee $ 100 receipt number ATXWDC-22483197) by on behalf of Keep Big Bend Wild, The Coalition to Protect Americas National Parks. (Ta, Janice) (Entered: 08/14/2026)	RECAP
32	Aug. 15, 2026	Response in Opposition to Motion, filed by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior, re 24 MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment filed by Defendant Markwayne Mullin, Defendant U.S. Department of Homeland Security, Defendant U.S. Customs and Border Protection (Attachments: # 1 Exhibit Response to Proposed Undisputed Facts, # 2 Exhibit Decl. of Emma Yip, # 3 Exhibit Yip Decl. Ex. 1, # 4 Exhibit Supp Dhondt Rep.)(Yip, Emma) (Entered: 08/15/2026) 1 Exhibit Response to Proposed Undisputed Facts View on PACER 2 Exhibit Decl. of Emma Yip View on PACER 3 Exhibit Yip Decl. Ex. 1 View on PACER 4 Exhibit Supp Dhondt Rep. View on PACER	RECAP
33	Aug. 17, 2026	BRIEF OF AMICI by Keep Big Bend Wild, The Coalition to Protect Americas National Parks. (mao) (Entered: 08/17/2026)	RECAP
34	Aug. 17, 2026	MOTION for Preliminary Injunction OR TRO by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Exhibit Yip Decl., # 2 Exhibit Yip Decl. - Exhibits 1-9, # 3 Exhibit Phillips Decl., # 4 Exhibit Devine Decl., # 5 Exhibit Jordahl Decl., # 6 Exhibit Miller Decl.)(Yip, Emma) (Entered: 08/17/2026) 1 Exhibit Yip Decl. View on RECAP 2 Exhibit Yip Decl. - Exhibits 1-9 View on RECAP 3 Exhibit Phillips Decl. View on RECAP 4 Exhibit Devine Decl. View on RECAP 5 Exhibit Jordahl Decl. View on RECAP 6 Exhibit Miller Decl. View on RECAP	RECAP
35	Aug. 17, 2026	NOTICE of Attorney Appearance by Janice L. Ta on behalf of Keep Big Bend Wild, The Coalition to Protect Americas National Parks. Attorney Janice L. Ta added to party Keep Big Bend Wild(pty:am), Attorney Janice L. Ta added to party The Coalition to Protect Americas National Parks(pty:am) (Ta, Janice) (Entered: 08/17/2026)	RECAP
	Aug. 17, 2026	Order on Motion for Leave to File Amicus Brief
	Aug. 17, 2026	Order on Motion to Appear Pro Hac Vice
	Aug. 17, 2026	Text Order GRANTING 29 Motion for Leave to File Amicus Brief entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
	Aug. 17, 2026	Text Order GRANTING 30 Motion to Appear Pro Hac Vice. IT IS ORDERED that attorney Edward A. Boling may appear on behalf of Amici the Coalition to Protect Americas National Parks and Keep Big Bend Wild. IT IS FURTHER ORDERED that Edward A. Boling, if he has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Court Rule AT-1(f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
	Aug. 17, 2026	Text Order GRANTING 31 Motion to Appear Pro Hac Vice.IT IS ORDERED that attorney Thomas C. Jensen may appear on behalf of Amici the Coalition to Protect Americas National Parks and Keep Big Bend Wild. IT IS FURTHER ORDERED that Thomas C. Jensen, if he has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Court Rule AT-1(f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
36	Aug. 18, 2026	ORDER FOR DEFENDANTS to FILE a Response by no later that 8/24/26 to 34 MOTION for Preliminary Injunction OR TRO filed by Danny William Miller Junior, Center for Biological Diversity, Friends of the Ruidosa Church. Signed by Judge Kathleen Cardone. (mc4) (Entered: 08/18/2026)	RECAP
37	Aug. 20, 2026	MOTION for Hearing re 34 MOTION for Preliminary Injunction OR TRO by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Proposed Order)(Yip, Emma) (Entered: 08/20/2026) 1 Proposed Order View on RECAP	RECAP
38	Aug. 24, 2026	Response in Opposition to Motion, filed by Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security, re 34 MOTION for Preliminary Injunction OR TRO filed by Plaintiff Danny William Miller Junior, Plaintiff Center for Biological Diversity, Plaintiff Friends of the Ruidosa Church (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Yun, Alexander) (Entered: 08/24/2026) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP	RECAP
39	Aug. 25, 2026	REPLY to Response to Motion, filed by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior, re 34 MOTION for Preliminary Injunction OR TRO filed by Plaintiff Danny William Miller Junior, Plaintiff Center for Biological Diversity, Plaintiff Friends of the Ruidosa Church (Graves, Zeynep) (Entered: 08/25/2026)	RECAP
40	Aug. 26, 2026	Unopposed MOTION for Leave to File Amicus Brief by Meghan L. Riley. by National Parks Conservation Association, Sierra Club. (Attachments: # 1 Brief Brief of Amici Curiae, # 2 Proposed Order)(Riley, Meghan) (Entered: 08/26/2026) 1 Brief Brief of Amici Curiae View on RECAP 2 Proposed Order View on RECAP	RECAP
41	Aug. 26, 2026	ORDER GRANTING 37 Motion for Hearing. IN PERSON Hearing set for 9/3/2026 01:00 PM before Judge Kathleen Cardone, Signed by Judge Kathleen Cardone. (mc4) (Entered: 08/26/2026)	RECAP
42	Aug. 27, 2026	BRIEF of Amici by National Parks Conservation Association, Sierra Club. (Riley, Meghan) (Entered: 08/27/2026)	RECAP
43	Aug. 27, 2026	MOTION to Appear Pro Hac Vice by Dustin Rynders on behalf of Charlotte Jane Weiss ( Filing fee $ 100 receipt number ATXWDC-22552228) by on behalf of Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Proposed Order)(Rynders, Dustin) (Entered: 08/27/2026)	RECAP
	Aug. 27, 2026	Order on Motion for Leave to File Amicus Brief
	Aug. 27, 2026	Text Order GRANTING 40 Motion for Leave to File Amicus Brief entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
44	Aug. 31, 2026	DEFICIENTNOTICE of Attorney Appearance by Kristy Karen Callahan on behalf of Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security. Attorney Kristy Karen Callahan added to party Markwayne Mullin(pty:dft), Attorney Kristy Karen Callahan added to party U.S. Customs and Border Protection(pty:dft), Attorney Kristy Karen Callahan added to party U.S. Department of Homeland Security(pty:dft) (Callahan, Kristy) Modified on 8/31/2026 (mc4). (Filing attorney will refile amended notice to specify representation of the government not the Plaintiff) (Entered: 08/31/2026)	RECAP
45	Aug. 31, 2026	ORDER GRANTING 43 Motion to Appear Pro Hac Vice for Attorney Charlotte Jane Weiss for Center for Biological Diversity,Charlotte Jane Weiss for Friends of the Ruidosa Church,Charlotte Jane Weiss for Danny William Miller Junior. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Kathleen Cardone. (mc4) (Entered: 08/31/2026)	RECAP
46	Aug. 31, 2026	ORDER CANCELLING the hearing set for 9/3/26. The Parties shall meet and confer and file a joint notice no later than 9/7/26. Signed by Judge Kathleen Cardone. (mc4) (Entered: 08/31/2026)	RECAP
47	Sept. 1, 2026	NOTICE of Attorney Appearance by Kristy Karen Callahan on behalf of Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security (Callahan, Kristy) (Entered: 09/01/2026)	RECAP
48	Sept. 2, 2026	Unopposed MOTION to Withdraw as Attorney "Alana Park" as Counsel for Plaintiffs by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Proposed Order)(Park, Alana) (Entered: 09/02/2026) 1 Proposed Order View on RECAP	RECAP
49	Sept. 4, 2026	NOTICE Regarding Consolidation by Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security re 46 Order, Terminate Hearings (Attachments: # 1 Exhibit, # 2 Exhibit)(Yun, Alexander) (Entered: 09/04/2026) 1 Exhibit View on RECAP 2 Exhibit View on RECAP	RECAP
50	Sept. 4, 2026	NOTICE to Court by Charlotte Weiss by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior re 45 Order on Motion to Appear Pro Hac Vice,, (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Weiss, Charlotte) (Entered: 09/04/2026) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP	RECAP
	Sept. 4, 2026	Order on Motion to Withdraw as Attorney
	Sept. 4, 2026	Text Order GRANTING 48 Motion to Withdraw as Attorney. Attorney Alana Park is ALLOWED TO WITHDRAW as attorney of record for Plaintiff Center for Biological Diversity. Entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
51	Sept. 9, 2026	Opposed MOTION to Extend Scheduling Order Deadlines by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Affidavit of Zeynep Graves in Support of Motion to Modify Scheduling Order, # 2 Exhibit 1 - Discovery Deficiency Letter, # 3 Exhibit 2 - Emails, # 4 Proposed Order)(Graves, Zeynep) (Entered: 09/09/2026) 1 Affidavit of Zeynep Graves in Support of Motion to Modify Scheduling Order View on RECAP 2 Exhibit 1 - Discovery Deficiency Letter View on RECAP 3 Exhibit 2 - Emails View on RECAP 4 Proposed Order View on RECAP	RECAP
52	Sept. 11, 2026	REPLY to Response to Motion, filed by Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security, re 24 MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment filed by Defendant Markwayne Mullin, Defendant U.S. Department of Homeland Security, Defendant U.S. Customs and Border Protection (Yun, Alexander) (Entered: 09/11/2026)	RECAP
53	Sept. 15, 2026	Response in Opposition to Motion, filed by Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security, re 51 Opposed MOTION to Extend Scheduling Order Deadlines filed by Plaintiff Danny William Miller Junior, Plaintiff Center for Biological Diversity, Plaintiff Friends of the Ruidosa Church (Yun, Alexander) (Entered: 09/15/2026)	RECAP
54	Sept. 18, 2026	REPLY to Response to Motion, filed by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior, re 51 Opposed MOTION to Extend Scheduling Order Deadlines filed by Plaintiff Danny William Miller Junior, Plaintiff Center for Biological Diversity, Plaintiff Friends of the Ruidosa Church (Graves, Zeynep) (Entered: 09/18/2026)	RECAP
55	Sept. 19, 2026	MOTION to supplement re 34 MOTION for Preliminary Injunction OR TRO by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Affidavit of Willard Addington, # 2 Affidavit of Jeffrey Renfrow, # 3 Affidavit of Adam Isacson, # 4 Affidavit of Robert Krumenaker, # 5 Exhibit Sheriff Cleveland Testimony Transcript, # 6 Affidavit of Emma Yip)(Yip, Emma) (Entered: 09/19/2026) 1 Affidavit of Willard Addington View on RECAP 2 Affidavit of Jeffrey Renfrow View on RECAP 3 Affidavit of Adam Isacson View on RECAP 4 Affidavit of Robert Krumenaker View on RECAP 5 Exhibit Sheriff Cleveland Testimony Transcript View on RECAP 6 Affidavit of Emma Yip View on RECAP	RECAP
56	Sept. 21, 2026	ORDER SETTING, (IN PERSON Hearing set for 10/2/2026 09:00 AM before Judge Kathleen Cardone). The Court takes Plaintiffs Motion to Extend Scheduling Order Deadlines, ECF No. 51, UNDER ADVISEMENT until after the October 2 hearing. Signed by Judge Kathleen Cardone. (mc4) (Entered: 09/21/2026)	RECAP
57	Sept. 25, 2026	Unopposed MOTION to Withdraw as Attorney by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Proposed Order)(Gibson Kumar, Kate) (Entered: 09/25/2026)	RECAP
	Sept. 28, 2026	Order on Motion to Withdraw as Attorney
	Sept. 28, 2026	Text Order GRANTING 57 Motion to Withdraw as Attorney. Attorney Katie Gibson Kumar is ALLOWED TO WITHDRAW as attorney of record for Plaintiffs Friends of the Ruidosa Church, Center for Biological Diversity, and Danny William Miller Junior. Entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
58	Sept. 29, 2026	SUPPLEMENT to 33 Brief addressing FOIA response by Keep Big Bend Wild, The Coalition to Protect Americas National Parks. (Boling, Edward) (Entered: 09/29/2026)	RECAP
59	Sept. 29, 2026	ORDER GRANTING 55 Motion to supplement regarding Motion for Preliminary Injunction. Signed by Judge Kathleen Cardone. (mc4) (Entered: 09/29/2026)	RECAP
60	Sept. 29, 2026	NOTICE Regarding End of Big Bend Construction Pause by Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Declaration)(Yun, Alexander) (Entered: 09/29/2026) 1 Declaration View on RECAP	RECAP
61	Sept. 30, 2026	NOTICE of Attorney Appearance by Pamela Amaechi on behalf of Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security. Attorney Pamela Amaechi added to party Markwayne Mullin(pty:dft), Attorney Pamela Amaechi added to party U.S. Customs and Border Protection(pty:dft), Attorney Pamela Amaechi added to party U.S. Department of Homeland Security(pty:dft) (Amaechi, Pamela) (Entered: 09/30/2026)	RECAP
62	Sept. 30, 2026	JOINT PRE-HEARING DISCLOSURES AND WITNESS/EXHIBIT LIST by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Exhibit A - Joint Exhibit List)(Graves, Zeynep) Modified on 10/1/2026 (mc4). (Entered: 09/30/2026) 1 Exhibit A - Joint Exhibit List View on RECAP	RECAP
63	Oct. 1, 2026	NOTICE of Supplemental Authority by Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Exhibit A)(Yun, Alexander) (Entered: 10/01/2026) 1 Exhibit A View on RECAP	RECAP
64	Oct. 2, 2026	Minute Entry for proceedings held before Judge Kathleen Cardone: Hearing re Motion for Preliminary Injunction held on 10/2/2026 (Minute entry documents are not available electronically.). (Court Reporter Veronica Esparza-Bylicki.)(mc4) (Entered: 10/02/2026)	RECAP
65	Oct. 2, 2026	Plaintiffs List of Witnesses (mc4) (Entered: 10/02/2026)	RECAP
66	Oct. 2, 2026	ORDER GRANTING 34 Motion for Preliminary Injunction Signed by Judge Kathleen Cardone. (mc4) (Entered: 10/02/2026)	Clearinghouse
67	Oct. 2, 2026	PLAINTIFF EXHIBITS LIST(mc4) (Entered: 10/02/2026)	RECAP
68	Oct. 2, 2026	RESPONDENTS Exhibit List (mc4) (Entered: 10/02/2026)	RECAP
69	Oct. 2, 2026	TRANSCRIPT REQUEST for Hearing re: Motion for Preliminary Injunction by Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security for proceedings held on 10/02/2026. Proceedings Transcribed: Hearing regarding Motion for Preliminary Injunction. Court Reporter: Veronica P. Esparza-Bylicki. (Callahan, Kristy) Modified on 10/5/2026 (bg2). SENT TO Veronica Esparza-Bylicki ON 10/05/26 (Entered: 10/02/2026)	RECAP
70	Oct. 2, 2026	TRANSCRIPT REQUEST for proceedings held on 10/02/2026. Proceedings Transcribed: Preliminary Injunction-All witness and Arguments by Scott McWilliams. Court Reporter: Veronica Esparza-Bylicki. (mao) (Entered: 10/05/2026)	RECAP
71	Oct. 2, 2026	TRANSCRIPT REQUEST for proceedings held on 10/02/2026 by David Wang. Proceedings Transcribed: Preliminary Injunction. Court Reporter: Veronica Esparza-Bylicki. (mao) (Entered: 10/05/2026)	RECAP
72	Oct. 5, 2026	Transcript filed of Proceedings held on 10/02/2026, Proceedings Transcribed: PRELIMINARY INJUNCTION HEARING. Court Reporter/Transcriber: Veronica Esparza-Bylicki, Telephone number: 915-834-0553. Tape Number: vpbylicki@gmail.com. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/26/2026, Redacted Transcript Deadline set for 11/5/2026, Release of Transcript Restriction set for 1/4/2027, (Esparza-Bylicki, Veronica) (Entered: 10/05/2026)	RECAP
73	Oct. 5, 2026	TRANSCRIPT REQUEST by Friends of the Ruidosa Church et al for proceedings held on 10/2/26. Proceedings Transcribed: Preliminary Injunction Hearing. Court Reporter: Dipti Patel. (mc4) (Entered: 10/06/2026)	RECAP
74	Oct. 8, 2026	MOTION to Stay Preliminary Injunction by Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit, # 2 Exhibit)(Yun, Alexander) (Entered: 10/08/2026) 1 Exhibit View on RECAP 2 Exhibit View on RECAP	RECAP
75	Oct. 14, 2026	MEMORANDUM OPINION re 34 Motion for Preliminary Injunction, filed by Danny William Miller Junior, Center for Biological Diversity, Friends of the Ruidosa Church. Signed by Judge Kathleen Cardone. (mv) (Entered: 10/14/2026)	Clearinghouse
76	Oct. 16, 2026	NOTICE Regarding Stay Decision by Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security (Yun, Alexander) (Entered: 10/16/2026)	RECAP
77	Oct. 20, 2026	Response in Opposition to Motion, filed by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior, re 74 MOTION to Stay Preliminary Injunction filed by Defendant Markwayne Mullin, Defendant U.S. Department of Homeland Security, Defendant U.S. Customs and Border Protection (Attachments: # 1 Affidavit Emma Yip)(Yip, Emma) (Entered: 10/20/2026) 1 Affidavit Emma Yip View on RECAP	RECAP
78	Oct. 20, 2026	ORDER DENYING 74 Motion to Stay Preliminary Injunction. Signed by Judge Kathleen Cardone. (mc4) (Entered: 10/21/2026)	Clearinghouse
79	Nov. 10, 2026	Notice 1 Exhibit 1 - Stay Order View on PACER	RECAP

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Case Details

State / Territory:

Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Immigration Enforcement

Key Dates

Filing Date: April 16, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Environmental organizations and a private landowner challenging the federal government's use of statutory waiver authority to expedite border wall construction through the Big Bend region of Texas.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Texas Civil Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Customs and Border Protection

U.S. Department of Homeland Security

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)

Constitutional Clause(s):

Due Process

Non-delegation Doctrine

Presentment Clause

Take Care Clause

Other Dockets:

Western District of Texas 3:26-cv-01099

Supreme Court of the United States 26A560

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Environmental Justice and Resources:

Threatened/endangered fauna

Threatened/endangered flora

Immigration/Border:

Border wall

Recommended Citation

Case Summary of Friends of the Ruidosa Church v. Mullin etal, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48106/ (last updated 10/8/2026).