Case: Arizona v. Mayorkas

2:21-cv-00617 | U.S. District Court for the District of Arizona

Filed Date: April 11, 2021

Closed Date: Feb. 6, 2023

Clearinghouse coding complete

Case Summary

On April 11, 2021, the State of Arizona filed suit in the U.S. District Court for the District of Arizona. Arizona sued the Department of Homeland Security (DHS), U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement under the Administrative Procedure Act (APA). Arizona sought injunctive and declaratory relief. Specifically, Arizona claimed that the federal defendants should have complied with the National Environmental Policy Act (NEPA) and APA by completing environm…

On April 11, 2021, the State of Arizona filed suit in the U.S. District Court for the District of Arizona. Arizona sued the Department of Homeland Security (DHS), U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement under the Administrative Procedure Act (APA). Arizona sought injunctive and declaratory relief. Specifically, Arizona claimed that the federal defendants should have complied with the National Environmental Policy Act (NEPA) and APA by completing environmental impact statements before they changed course on immigration policies such as halting construction on the border wall and the “Remain in Mexico” program. According to Arizona, halting these programs would increase the population in Arizona and therefore change the “environment.” The case was assigned to Judge Dominic W. Lanza.

On July 12, 2021, Arizona amended the complaint to claim that the federal government had enacted various policies which together constituted a “Population Augmentation Program.” Arizona claimed this “program” would have an effect on the state environment and that the DHS failed to prepare an Environmental Impact Statement in violation of NEPA and the APA. On October 1, 2021 DHS filed a motion to dismiss due to lack of jurisdiction and failure to state a claim. 

The court issued a tentative ruling before holding a hearing on the preliminary injunction issue; it denied the request for the injunction on January 27, 2022. The court primarily looked to a 2021 decision by the U.S. Court of Appeals for the Ninth Circuit, Whitewater Draw.  In Whitewater Draw, the Ninth Circuit found that a plaintiff could not sue for NEPA violations to challenge an amalgamation of individual programs and policies as one “Population Augmentation Program.” Rather, the plaintiff must have directed its attack against some particular agency action that caused it harm. The district court in Mayorkas explained that Whitewater Draw was decided on similar facts such that Arizona likely would not succeed on the merits of their first claim (the challenge to the Population Augmentation Program). The Whitewater holding impacted Arizona’s second claim, a challenge to the cessation of the border wall program as well. The court here held that Arizona lacked standing because it could not satisfy the causation requirement. Arizona could not demonstrate that DHS’s challenged program was the cause of increased immigration to the United States, as opposed to “the myriad [other] economic, social, and political realities that might influence an [individual’s] decision to risk life and limb to come to the United States.” 

Additionally, the U.S. Court of Appeals for the Fifth Circuit’s decision on the “Remain in Mexico” program was important to the court's determination of the plaintiff’s third claim. Texas v. Biden already enjoined the DHS from processing any future migrants in the U.S. who would otherwise have been processed in Mexico under the “Remain in Mexico” program. Thus, the Arizona v. Mayorkas court found that there would be no point in issuing an additional injunction.

After a February 1, 2022 hearing, the court officially issued the denial of Arizona’s motion for a preliminary injunction on February 7. 

On February 17, 2022, Arizona filed a motion for jurisdictional discovery, seeking documents that might help cure its issues with standing outlined in the court’s denial of the preliminary injunction. 

On April 8, 2022, Arizona filed an interlocutory appeal with the Ninth Circuit in response to the February 7, 2022 denial of a motion for preliminary injunction.  The appeal was later dismissed on September 12, 2022 after a motion for a voluntary dismissal was granted. 

Following an April 26, 2022 hearing on the defendant’s motion to dismiss, the court issued an order on April 28th, 2022 with a partial decision. Arizona’s motion seeking jurisdictional discovery was denied, the defendant’s motion to dismiss was granted in part, and the parties were asked to provide additional briefing on counts three and six of the state’s complaint, regarding the DHS’s termination of the Migrant Protection Protocols (“MPP”). 

The court’s reasoning for dismissal of counts one and two regarding NEPA violations followed the same logic as in its denial for preliminary injunction.  The court drew from the 2021 Ninth Circuit decision, Whitewater Draw, as well as the recent (April 7, 2022) Sixth Circuit decision, Arizona v. Biden, specifically with regards to a lack of standing.  The court went on to hold that even if Arizona had standing, the case would be dismissed for failure to state a claim because NEPA doesn’t apply to federal actions when they maintain the environmental status quo. The court also dismissed count five for lack of standing, stating that the state had failed to show a causal link between alleged environmental harms and the DHS’s decision to cease construction on the border wall. And finally, the court dismissed count seven, in which the state alleged that the DHS violated the constitution(specifically Article II section 3, the “Take Care Clause”) by terminating border wall projects, and therefore failing to proceed with a statutorily mandated program.  The court found a lack of standing similar to counts two and five, and additionally noted that if they had found there to be standing, the court would still have dismissed the counts because there is no cognizable claim to be made. Even if the DHS’s behavior had been inappropriate it would have been a statutory violation, and not a constitutional one. 

Arizona alleged in count three of the first amended complaint that the DHS had failed to consider the environmental effects of terminating the MPP, and in count six that doing so was an arbitrary and unjustified departure from prior policy that violated the APA.  On February 18, 2022, the U.S. Supreme Court agreed to hear the case Texas v. Biden, and oral arguments were held on April 26, 2022, the same day as this court’s hearing. Because the issues laid out in counts three and six of the first amended complaint are intertwined with those in Texas v. Biden, the court asked the parties to provide supplemental briefing as to whether the circuit court still had subject-matter jurisdiction, or if the issue was moot before looking to the merits of these claims. Finally, Arizona’s motion for jurisdictional discovery was denied for being untimely as well as lacking in foundation, being more akin to a fishing expedition based on a hunch.

On August 15, 2022 Arizona filed a Second Amended Complaint addressing the court’s concerns. 

Following the 2022 election of new state officials, Arizona voluntarily filed a stipulation of dismissal on February 6, 2023. The case is now closed. 

Summary Authors

Emma Mertens (3/24/2022)

Nina Charap (3/16/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59813987/parties/arizona-state-of-v-mayorkas/


Judge(s)

Lanza, Dominic William (Arizona)

Attorney for Plaintiff

Ensign, Drew Curtis (Arizona)

Kanefield, Joseph Andrew (Arizona)

Makar, Robert John (Arizona)

Attorney for Defendant

Alexander, Tyler McVeigh (Arizona)

show all people

Documents in the Clearinghouse

Document
7

2:21-cv-00617

Corrected Complaint for Declaratory and Injunctive Relief

April 12, 2021

April 12, 2021

Complaint
13

2:21-cv-00617

First Amended Complaint for Declaratory and Injunctive Relief

July 12, 2021

July 12, 2021

Complaint
27

2:21-cv-00617

Motion to Dismiss Plaintiff's First Amended Complaint

Oct. 1, 2021

Oct. 1, 2021

Pleading / Motion / Brief
45

2:21-cv-00617

Order

Jan. 27, 2022

Jan. 27, 2022

Order/Opinion
47

2:21-cv-00617

Order

Feb. 7, 2022

Feb. 7, 2022

Order/Opinion

584 F.Supp.3d 584

53

2:21-cv-00617

State's Notice Appeal; Preliminary Injunction Appeal

April 8, 2022

April 8, 2022

Pleading / Motion / Brief
64

2:21-cv-00617

Order

April 28, 2022

April 28, 2022

Order/Opinion

600 F.Supp.3d 600

74

2:21-cv-00617

Second Amended Complaint for Declaratory and Injunctive Relief

Aug. 15, 2022

Aug. 15, 2022

Complaint
74

2:21-cv-00617

Second Amended Complaint for Declaratory and Injunctive Relief

Aug. 15, 2022

Aug. 15, 2022

Complaint
90

2:21-cv-00617

Stipulation of Dismissal

Feb. 6, 2023

Feb. 6, 2023

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59813987/arizona-state-of-v-mayorkas/

Last updated March 12, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. Filing fee received: $402.00, receipt number 0970-19346728 filed by Arizona, State of. (Ensign, Drew) (Attachments: # 1 Civil Cover Sheet)(BAC) (Entered: 04/12/2021)

1 Civil Cover Sheet

View on PACER

April 11, 2021

April 11, 2021

PACER
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. Filing fee received: $402.00, receipt number 0970-19346728 filed by Arizona, State of. (Ensign, Drew) (Attachments: # 1 Civil Cover Sheet)(BAC) (Entered: 04/12/2021)

1 Civil Cover Sheet

View on PACER

April 11, 2021

April 11, 2021

PACER
2

SUMMONS Submitted by Arizona, State of. (Ensign, Drew) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(BAC) (Entered: 04/12/2021)

April 11, 2021

April 11, 2021

PACER
2

SUMMONS Submitted by Arizona, State of. (Ensign, Drew) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(BAC) (Entered: 04/12/2021)

April 11, 2021

April 11, 2021

PACER
3

Filing fee paid, receipt number 0970-19346728. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-21-00617-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAC) (Entered: 04/12/2021)

April 11, 2021

April 11, 2021

RECAP
3

Filing fee paid, receipt number 0970-19346728. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-21-00617-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAC) (Entered: 04/12/2021)

April 11, 2021

April 11, 2021

RECAP
4

Summons Issued as to Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(BAC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER
4

Summons Issued as to Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(BAC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER
5

*Re-filed per Chambers at 7 as FAC - NOTICE of Errata re: 1 Complaint Corrected Complaint by Plaintiff Arizona, State of. (Attachments: # 1 Errata Corrected Complaint)(Ensign, Drew) *Modified on 4/14/2021 (MHW). (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER
5

*Re-filed per Chambers at 7 as FAC - NOTICE of Errata re: 1 Complaint Corrected Complaint by Plaintiff Arizona, State of. (Attachments: # 1 Errata Corrected Complaint)(Ensign, Drew) *Modified on 4/14/2021 (MHW). (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER
7

*FIRST AMENDED COMPLAINT against All Defendants filed by Arizona, State of. (19 pages)(MHW) *Modified file date from 4/14/2021 to 4/12/2021; NEF regenerated on 4/14/2021 (MHW)/(SCH). (Entered: 04/14/2021)

April 12, 2021

April 12, 2021

Clearinghouse
7

*FIRST AMENDED COMPLAINT against All Defendants filed by Arizona, State of. (19 pages)(MHW) *Modified file date from 4/14/2021 to 4/12/2021; NEF regenerated on 4/14/2021 (MHW)/(SCH). (Entered: 04/14/2021)

April 12, 2021

April 12, 2021

Clearinghouse
6

PRELIMINARY ORDER: IT IS ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file a notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on July 13, 2021, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/14/21. (MAW) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

PACER
6

PRELIMINARY ORDER: IT IS ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file a notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on July 13, 2021, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/14/21. (MAW) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

PACER
8

*SERVICE EXECUTED filed by Arizona, State of: Affidavit of Service re: Complaint, Civil Cover Sheet, Summons, Notice of Errata and Amended Complaint upon the following Federal Defendants: Alejandro Mayorkas on 4/20/21; Joseph Maher on 4/20/21; Troy Miller on 4/20/21; Tae Johnson on 4/20/21; US Attorney-District of Arizona on 4/14/21; Attorney General on 4/26/21; and Brian Boynton (Acting Assistant Attorney General) on 4/26/21. (Attachments: # 1 Affidavit Affidavit of Service by Certified Mail)(Ensign, Drew) *Modified to correct text on 5/28/2021 (MHW). (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
8

*SERVICE EXECUTED filed by Arizona, State of: Affidavit of Service re: Complaint, Civil Cover Sheet, Summons, Notice of Errata and Amended Complaint upon the following Federal Defendants: Alejandro Mayorkas on 4/20/21; Joseph Maher on 4/20/21; Troy Miller on 4/20/21; Tae Johnson on 4/20/21; US Attorney-District of Arizona on 4/14/21; Attorney General on 4/26/21; and Brian Boynton (Acting Assistant Attorney General) on 4/26/21. (Attachments: # 1 Affidavit Affidavit of Service by Certified Mail)(Ensign, Drew) *Modified to correct text on 5/28/2021 (MHW). (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
9

*SERVICE EXECUTED filed by Arizona, State of: Affidavit of Service re: Court Order (Doc. 6) upon Federal Defendants: Alejandro Mayorkas on 4/19/21; Joseph Maher on 4/19/21; Troy Miller on 4/19/21; Tae Johnson on 4/19/21; US Attorney-District of Arizona on 4/16/21; Attorney General on 4/26/21; and Brian Boynton (Acting Assistant Attorney General) on 4/26/21. (Attachments: # 1 Affidavit Affidavit of Service by Certified Mail)(Ensign, Drew) *Modified to correct text on 5/28/2021 (MHW). (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
9

*SERVICE EXECUTED filed by Arizona, State of: Affidavit of Service re: Court Order (Doc. 6) upon Federal Defendants: Alejandro Mayorkas on 4/19/21; Joseph Maher on 4/19/21; Troy Miller on 4/19/21; Tae Johnson on 4/19/21; US Attorney-District of Arizona on 4/16/21; Attorney General on 4/26/21; and Brian Boynton (Acting Assistant Attorney General) on 4/26/21. (Attachments: # 1 Affidavit Affidavit of Service by Certified Mail)(Ensign, Drew) *Modified to correct text on 5/28/2021 (MHW). (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
10

NOTICE OF ATTORNEY APPEARANCE: Tyler M. Alexander appearing for Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. . (Alexander, Tyler) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
10

NOTICE OF ATTORNEY APPEARANCE: Tyler M. Alexander appearing for Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. . (Alexander, Tyler) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
11

Joint MOTION for Extension of Time to File an Answer or Motion to Dismiss by Arizona, State of. (Attachments: # 1 Text of Proposed Order Proposed Order)(Ensign, Drew) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
11

Joint MOTION for Extension of Time to File an Answer or Motion to Dismiss by Arizona, State of. (Attachments: # 1 Text of Proposed Order Proposed Order)(Ensign, Drew) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
12

ORDER: IT IS ORDERED that the parties' stipulation (Doc. 11 ) is granted. The deadline for Defendants to respond to the complaint is stayed. Plaintiff shall file a First Amended Complaint ("FAC") by July 12, 2021. Defendants' response to the FAC shall be due 30 days after the filing date of the FAC. Ordered by Judge Dominic W Lanza on 6/10/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
12

ORDER: IT IS ORDERED that the parties' stipulation (Doc. 11 ) is granted. The deadline for Defendants to respond to the complaint is stayed. Plaintiff shall file a First Amended Complaint ("FAC") by July 12, 2021. Defendants' response to the FAC shall be due 30 days after the filing date of the FAC. Ordered by Judge Dominic W Lanza on 6/10/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER

Order on Motion for Extension of Time to File Document

June 11, 2021

June 11, 2021

PACER

Order on Motion for Extension of Time to File Document

June 11, 2021

June 11, 2021

PACER
13

*FIRST AMENDED COMPLAINT against All Defendants filed by Arizona, State of.(Ensign, Drew) *Modified text on 7/13/2021 (WLP). (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

Clearinghouse
13

*FIRST AMENDED COMPLAINT against All Defendants filed by Arizona, State of.(Ensign, Drew) *Modified text on 7/13/2021 (WLP). (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

Clearinghouse
14

*MOTION for Leave to File Excess Pages for Motion for Preliminary Injunction by Arizona, State of. (Attachments: # 1 Text of Proposed Order Proposed Order re: Motion for Leave, # 2 Supplement Proposed Motion for Preliminary Injunction, # 3 Text of Proposed Order Proposed Order re: Motion for Preliminary Injunction, # 4 Affidavit Flood Declaration and Expert Report, # 5 Affidavit Napier Declaration, # 6 Affidavit Lamb Declaration)(Ensign, Drew) *Modified to correct event on 7/13/2021 (WLP). (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER
14

*MOTION for Leave to File Excess Pages for Motion for Preliminary Injunction by Arizona, State of. (Attachments: # 1 Text of Proposed Order Proposed Order re: Motion for Leave, # 2 Supplement Proposed Motion for Preliminary Injunction, # 3 Text of Proposed Order Proposed Order re: Motion for Preliminary Injunction, # 4 Affidavit Flood Declaration and Expert Report, # 5 Affidavit Napier Declaration, # 6 Affidavit Lamb Declaration)(Ensign, Drew) *Modified to correct event on 7/13/2021 (WLP). (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER
15

*(Filed at Doc. 17 ) LODGED Proposed Motion for Preliminary Injunction and Supporting Documents re: 14 MOTION for Leave to File Motion for Preliminary Injunction . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Arizona, State of. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Affidavit Flood Declaration and Expert Report, # 3 Affidavit Napier Declaration, # 4 Affidavit Lamb Declaration, # 5 Affidavit Makar Declaration Part 1, # 6 Affidavit Makar Declaration Part 2)(Ensign, Drew) Modified on 7/14/2021 (LAD). (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER
15

*(Filed at Doc. 17 ) LODGED Proposed Motion for Preliminary Injunction and Supporting Documents re: 14 MOTION for Leave to File Motion for Preliminary Injunction . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Arizona, State of. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Affidavit Flood Declaration and Expert Report, # 3 Affidavit Napier Declaration, # 4 Affidavit Lamb Declaration, # 5 Affidavit Makar Declaration Part 1, # 6 Affidavit Makar Declaration Part 2)(Ensign, Drew) Modified on 7/14/2021 (LAD). (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER
16

ORDER: IT IS ORDERED that the State's motion to exceed page limitation (Doc. 14 ) is granted. IT IS FURTHER ORDERED that the Clerk of Court shall file the State's lodged proposed motion for preliminary injunction (Doc. 15). The page limitation for responses is likewise expanded to 40 pages, and the State's reply shall not exceed 25 pages. Ordered by Judge Dominic W Lanza on 7/14/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
16

ORDER: IT IS ORDERED that the State's motion to exceed page limitation (Doc. 14 ) is granted. IT IS FURTHER ORDERED that the Clerk of Court shall file the State's lodged proposed motion for preliminary injunction (Doc. 15). The page limitation for responses is likewise expanded to 40 pages, and the State's reply shall not exceed 25 pages. Ordered by Judge Dominic W Lanza on 7/14/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
17

MOTION for Preliminary Injunction by Arizona, State of. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Cameo Flood, # 3 Declaration of Mark Napier, # 4 Declaration of Mark Lamb, # 5 Declaration of Robert J Makar (Part 1), # 6 Declaration of Robert J Makar (Part 2))(LAD) (Entered: 07/14/2021)

3

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July 14, 2021

July 14, 2021

PACER
17

MOTION for Preliminary Injunction by Arizona, State of. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Cameo Flood, # 3 Declaration of Mark Napier, # 4 Declaration of Mark Lamb, # 5 Declaration of Robert J Makar (Part 1), # 6 Declaration of Robert J Makar (Part 2))(LAD) (Entered: 07/14/2021)

3

View on RECAP

July 14, 2021

July 14, 2021

PACER

Order on Motion for Leave to File Excess Pages

July 14, 2021

July 14, 2021

PACER

Order on Motion for Leave to File Excess Pages

July 14, 2021

July 14, 2021

PACER
18

*NOTICE of Appearance by Tyler McVeigh Alexander on behalf of Lloyd Austin,, United States Department of Defense. (Alexander, Tyler) *Modified on 7/19/2021 to correct filers (KAH). (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
18

*NOTICE of Appearance by Tyler McVeigh Alexander on behalf of Lloyd Austin,, United States Department of Defense. (Alexander, Tyler) *Modified on 7/19/2021 to correct filers (KAH). (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
19

Joint MOTION for Extension of Time Joint Motion for Briefing Schedule on Plaintiff's Motion for Preliminary Injunction and Defendants' Motion to Dismiss by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Alexander, Tyler) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

PACER
19

Joint MOTION for Extension of Time Joint Motion for Briefing Schedule on Plaintiff's Motion for Preliminary Injunction and Defendants' Motion to Dismiss by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Alexander, Tyler) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

PACER
20

ORDER granting 19 Motion for Extension of Time. 1) Defendants shall file their brief opposing Plaintiff's Motion for Preliminary Injunction by August 26, 2021; 2) Plaintiff shall file its reply brief by September 27, 2021; 3) Defendants shall file their Motion to Dismiss and brief in support by October 1, 2021 [see attached Order for details]. Signed by Judge Dominic W Lanza on 7/27/21. (MAW) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
20

ORDER granting 19 Motion for Extension of Time. 1) Defendants shall file their brief opposing Plaintiff's Motion for Preliminary Injunction by August 26, 2021; 2) Plaintiff shall file its reply brief by September 27, 2021; 3) Defendants shall file their Motion to Dismiss and brief in support by October 1, 2021 [see attached Order for details]. Signed by Judge Dominic W Lanza on 7/27/21. (MAW) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
21

NOTICE re: Factual and Legal Developments by Arizona, State of re: 17 MOTION for Preliminary Injunction . (Attachments: # 1 Affidavit Second Makar Declaration, # 2 Affidavit Rassas Declaration)(Ensign, Drew) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
21

NOTICE re: Factual and Legal Developments by Arizona, State of re: 17 MOTION for Preliminary Injunction . (Attachments: # 1 Affidavit Second Makar Declaration, # 2 Affidavit Rassas Declaration)(Ensign, Drew) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
22

Consent MOTION for Extension of Time to file Opposition to Plaintiffs' Motion for Preliminary Injunction, Consent MOTION for Leave to File Excess Pages by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Alexander, Tyler) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
22

Consent MOTION for Extension of Time to file Opposition to Plaintiffs' Motion for Preliminary Injunction, Consent MOTION for Leave to File Excess Pages by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Alexander, Tyler) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
23

ORDER: IT IS ORDERED that Defendants' unopposed motion (Doc. 22 ) is granted. The deadline for Defendants to file their brief opposing Plaintiff's Motion for Preliminary Injunction is extended to September 3, 2021, and the page limitation for that brief is expanded to 50 pages. The deadline for Plaintiff to file its reply brief is extended to October 4, 2021, and the page limitation for that brief is extended to 30 pages. Ordered by Judge Dominic W Lanza on 8/24/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
23

ORDER: IT IS ORDERED that Defendants' unopposed motion (Doc. 22 ) is granted. The deadline for Defendants to file their brief opposing Plaintiff's Motion for Preliminary Injunction is extended to September 3, 2021, and the page limitation for that brief is expanded to 50 pages. The deadline for Plaintiff to file its reply brief is extended to October 4, 2021, and the page limitation for that brief is extended to 30 pages. Ordered by Judge Dominic W Lanza on 8/24/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER

Order on Motion for Leave to File Excess Pages AND Order on Motion for Extension of Time

Aug. 24, 2021

Aug. 24, 2021

PACER

Order on Motion for Leave to File Excess Pages AND Order on Motion for Extension of Time

Aug. 24, 2021

Aug. 24, 2021

PACER
24

RESPONSE in Opposition re: 17 MOTION for Preliminary Injunction filed by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Affidavit Exhibit 1, Declaration of Paul Enriquez, # 2 Affidavit Exhibit 2, Declaration of David Shahoulian, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Alexander, Tyler) (Entered: 09/03/2021)

1 Affidavit Exhibit 1, Declaration of Paul Enriquez

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2 Affidavit Exhibit 2, Declaration of David Shahoulian

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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Sept. 3, 2021

Sept. 3, 2021

RECAP
24

RESPONSE in Opposition re: 17 MOTION for Preliminary Injunction filed by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Affidavit Exhibit 1, Declaration of Paul Enriquez, # 2 Affidavit Exhibit 2, Declaration of David Shahoulian, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Alexander, Tyler) (Entered: 09/03/2021)

1 Affidavit Exhibit 1, Declaration of Paul Enriquez

View on PACER

2 Affidavit Exhibit 2, Declaration of David Shahoulian

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

Sept. 3, 2021

Sept. 3, 2021

RECAP
25

Consent MOTION for Extension of Time to File Response/Reply as to 24 Response in Opposition to Motion by Arizona, State of. (Attachments: # 1 Proposed Order Proposed Order)(Ensign, Drew) (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

PACER
25

Consent MOTION for Extension of Time to File Response/Reply as to 24 Response in Opposition to Motion by Arizona, State of. (Attachments: # 1 Proposed Order Proposed Order)(Ensign, Drew) (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

PACER
26

ORDER: IT IS ORDERED that the State's unopposed motion to extend deadline (Doc. 25 ) is granted. The deadline for the State to file a reply in support of its motion for preliminary injunction is extended to October 15, 2021. Ordered by Judge Dominic W Lanza on 9/28/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
26

ORDER: IT IS ORDERED that the State's unopposed motion to extend deadline (Doc. 25 ) is granted. The deadline for the State to file a reply in support of its motion for preliminary injunction is extended to October 15, 2021. Ordered by Judge Dominic W Lanza on 9/28/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply

Sept. 28, 2021

Sept. 28, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply

Sept. 28, 2021

Sept. 28, 2021

PACER
27

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Exhibit 1 - June 15, 2021 GAO Decision)(Alexander, Tyler) (Entered: 10/01/2021)

Oct. 1, 2021

Oct. 1, 2021

Clearinghouse
27

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Exhibit 1 - June 15, 2021 GAO Decision)(Alexander, Tyler) (Entered: 10/01/2021)

1 Exhibit 1 - June 15, 2021 GAO Decision

View on PACER

Oct. 1, 2021

Oct. 1, 2021

Clearinghouse
28

REPLY to Response to Motion re: 17 MOTION for Preliminary Injunction filed by Arizona, State of. (Attachments: # 1 Affidavit 3d Makar Declaration Part 1, # 2 Affidavit 3d Makar Declaration Part 2, # 3 Affidavit Chilton Declaration, # 4 Affidavit Dannels Declaration)(Ensign, Drew) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
28

REPLY to Response to Motion re: 17 MOTION for Preliminary Injunction filed by Arizona, State of. (Attachments: # 1 Affidavit 3d Makar Declaration Part 1, # 2 Affidavit 3d Makar Declaration Part 2, # 3 Affidavit Chilton Declaration, # 4 Affidavit Dannels Declaration)(Ensign, Drew) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
29

*CORRECTED REPLY to Response to Motion re: 17 MOTION for Preliminary Injunction (Corrected) filed by Arizona, State of. (Attachments: # 1 Affidavit 3d Makar Declaration Part 1, # 2 Affidavit 3d Makar Declaration Part 2, # 3 Affidavit Chilton Declaration, # 4 Affidavit Dannels Declaration, # 5 Affidavit 2d Lamb Declaration)(Ensign, Drew) *Modified text to include corrected on 10/19/2021. (SMH) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
29

*CORRECTED REPLY to Response to Motion re: 17 MOTION for Preliminary Injunction (Corrected) filed by Arizona, State of. (Attachments: # 1 Affidavit 3d Makar Declaration Part 1, # 2 Affidavit 3d Makar Declaration Part 2, # 3 Affidavit Chilton Declaration, # 4 Affidavit Dannels Declaration, # 5 Affidavit 2d Lamb Declaration)(Ensign, Drew) *Modified text to include corrected on 10/19/2021. (SMH) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
30

Consent MOTION for Extension of Time to File Response/Reply as to 27 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim by Arizona, State of. (Attachments: # 1 Proposed Order Proposed Order)(Ensign, Drew) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

PACER
30

Consent MOTION for Extension of Time to File Response/Reply as to 27 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim by Arizona, State of. (Attachments: # 1 Proposed Order Proposed Order)(Ensign, Drew) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

PACER
31

*SECOND NOTICE re: Additional Factual Developments by Arizona, State of . (Attachments: # 1 Attachment Washington Post Article)(Ensign, Drew) *Modified on 10/26/2021 to reflect "second." (SMH) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

PACER
31

*SECOND NOTICE re: Additional Factual Developments by Arizona, State of . (Attachments: # 1 Attachment Washington Post Article)(Ensign, Drew) *Modified on 10/26/2021 to reflect "second." (SMH) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

PACER
32

ORDER: IT IS ORDERED that Plaintiff's unopposed motion for extension of time (Doc. 30 ) is granted. The deadline for Plaintiff to respond to the motion to dismiss is extended to November 18, 2021. Ordered by Judge Dominic W Lanza on 10/26/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER
32

ORDER: IT IS ORDERED that Plaintiff's unopposed motion for extension of time (Doc. 30 ) is granted. The deadline for Plaintiff to respond to the motion to dismiss is extended to November 18, 2021. Ordered by Judge Dominic W Lanza on 10/26/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply

Oct. 27, 2021

Oct. 27, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply

Oct. 27, 2021

Oct. 27, 2021

PACER
33

RESPONSE in Opposition re: 27 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim, RESPONSE to Motion re: 27 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Arizona, State of. (Ensign, Drew) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

PACER
33

RESPONSE in Opposition re: 27 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim, RESPONSE to Motion re: 27 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Arizona, State of. (Ensign, Drew) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

PACER
34

Consent MOTION for Extension of Time to File Response/Reply as to 27 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Alexander, Tyler) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
34

Consent MOTION for Extension of Time to File Response/Reply as to 27 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Alexander, Tyler) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
35

ORDER: IT IS ORDERED that Defendants' unopposed motion for extension of time (Doc. 34 ) is granted. The deadline for Defendants to file a reply in support of their motion to dismiss is extended to December 10, 2021. Ordered by Judge Dominic W Lanza on 11/24/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER
35

ORDER: IT IS ORDERED that Defendants' unopposed motion for extension of time (Doc. 34 ) is granted. The deadline for Defendants to file a reply in support of their motion to dismiss is extended to December 10, 2021. Ordered by Judge Dominic W Lanza on 11/24/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply

Nov. 24, 2021

Nov. 24, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply

Nov. 24, 2021

Nov. 24, 2021

PACER
36

REPLY to Response to Motion re: 27 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Alexander, Tyler) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

PACER
36

REPLY to Response to Motion re: 27 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Alexander, Tyler) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

PACER
37

NOTICE re: Supplemental Authority by Arizona, State of . (Ensign, Drew) (Entered: 01/03/2022)

Jan. 3, 2022

Jan. 3, 2022

PACER
37

NOTICE re: Supplemental Authority by Arizona, State of . (Ensign, Drew) (Entered: 01/03/2022)

Jan. 3, 2022

Jan. 3, 2022

PACER
38

NOTICE re: Additional Factual and Legal Developments by Arizona, State of . (Attachments: # 1 Exhibit State's FOIA Request)(Ensign, Drew) (Entered: 01/10/2022)

1 Exhibit State's FOIA Request

View on PACER

Jan. 10, 2022

Jan. 10, 2022

RECAP
38

NOTICE re: Additional Factual and Legal Developments by Arizona, State of . (Attachments: # 1 Exhibit State's FOIA Request)(Ensign, Drew) (Entered: 01/10/2022)

1 Exhibit State's FOIA Request

View on PACER

Jan. 10, 2022

Jan. 10, 2022

RECAP
39

*MOTION To Set a Status Conference by Arizona, State of. (Attachments: # 1 Proposed Order Proposed Order)(Ensign, Drew) *Modified to correct event type on 1/12/2022. (SMH) (Entered: 01/11/2022)

Jan. 11, 2022

Jan. 11, 2022

PACER
39

*MOTION To Set a Status Conference by Arizona, State of. (Attachments: # 1 Proposed Order Proposed Order)(Ensign, Drew) *Modified to correct event type on 1/12/2022. (SMH) (Entered: 01/11/2022)

Jan. 11, 2022

Jan. 11, 2022

PACER
40

RESPONSE in Opposition re: 39 MOTION for Hearing or Conference filed by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Alexander, Tyler) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER
40

RESPONSE in Opposition re: 39 MOTION for Hearing or Conference filed by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Alexander, Tyler) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER
41

ORDER: IT IS ORDERED that the State's motion to set a status conference (Doc. 39 ) is denied. IT IS FURTHER ORDERED that Defendants' response to the State's supplemental filings must be filed by January 21, 2022 [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/13/22. (MAW) (Entered: 01/13/2022)

Jan. 13, 2022

Jan. 13, 2022

PACER
41

ORDER: IT IS ORDERED that the State's motion to set a status conference (Doc. 39 ) is denied. IT IS FURTHER ORDERED that Defendants' response to the State's supplemental filings must be filed by January 21, 2022 [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/13/22. (MAW) (Entered: 01/13/2022)

Jan. 13, 2022

Jan. 13, 2022

PACER
42

RESPONSE re: 38 Notice (Other), 37 Notice (Other) by Defendants Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Alexander, Tyler) (Entered: 01/21/2022)

Jan. 21, 2022

Jan. 21, 2022

PACER
42

RESPONSE re: 38 Notice (Other), 37 Notice (Other) by Defendants Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Alexander, Tyler) (Entered: 01/21/2022)

Jan. 21, 2022

Jan. 21, 2022

PACER
43

MINUTE ORDER: Telephonic Motion Hearing set for 2/1/2022 at 02:30 PM (Arizona time) before Judge Dominic W Lanza as to 17 MOTION for Preliminary Injunction. Counsel are directed to call (866) 390-1828; Access code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones, head sets and connections through the internet are not permitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 01/25/2022)

Jan. 25, 2022

Jan. 25, 2022

PACER
43

MINUTE ORDER: Telephonic Motion Hearing set for 2/1/2022 at 02:30 PM (Arizona time) before Judge Dominic W Lanza as to 17 MOTION for Preliminary Injunction. Counsel are directed to call (866) 390-1828; Access code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones, head sets and connections through the internet are not permitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 01/25/2022)

Jan. 25, 2022

Jan. 25, 2022

PACER

~Util - Set/Reset Motion and R&R Deadlines/Hearings

Jan. 25, 2022

Jan. 25, 2022

PACER

~Util - Set/Reset Motion and R&R Deadlines/Hearings

Jan. 25, 2022

Jan. 25, 2022

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: April 11, 2021

Closing Date: Feb. 6, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The State of Arizona

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Director (District of Columbia), Federal

Secretary (District of Columbia), Federal

Secretary (District of Columbia), Federal

Commissioner (District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

National Environmental Protection Act, 42 U.S.C. §§ 4321–4370f

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

Environmental Justice and Resources:

Environmental Impact Statements

Immigration/Border:

Admission - procedure

Asylum - procedure

Border wall