Petition Filed

No. 22-58

United States, et al. v. Texas, et al.

from the United States Court of Appeals for the Fifth Circuit

See other cases from the Fifth Circuit.

Docket Entries

Brief amicus curiae of Public Citizen filed.

Brief amicus curiae of Stephen I. Vladeck filed. (Sept. 23, 2022)

Blanket Consent filed by Petitioner, United States, et al.

Joint appendix filed.

Brief of petitioners United States, et al. filed.

Blanket Consent filed by Respondent, Texas, et al.

Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 12, 2022. The time to file respondents' brief on the merits is extended to and including October 18, 2022.

Motion for an extension of time to file the briefs on the merits filed.

Application (22A17) denied by the Court. The application for stay presented to Justice Alito and by him referred to the Court is denied. The Solicitor General suggested that the Court may want to construe the application as a petition for certiorari before judgment. Doing so, the petition is granted. The parties are directed to brief and argue the following questions: 1. Whether the state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law; 2. Whether the Guidelines are contrary to 8 U.S.C. §1226(c) or 8 U.S.C. §1231(a), or otherwise violate the Administrative Procedure Act; and 3. Whether 8 U.S.C. §1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the Guidelines under 5 U.S.C. §706(2). The case will be set for argument in the first week of the December 2022 argument session. Justice Sotomayor, Justice Kagan, Justice Barrett, and Justice Jackson would grant the application for stay.

Application (22A17) referred to the Court.

Reply of applicants United States, et al. filed.

Motion for leave to file amicus brief filed by Professor Stephen I. Vladeck.

Motion for leave to file amicus brief filed by Immigration Reform Law Institute.

Motion for leave to file amicus brief filed by Arizona, Alabama, Alaska, Arkansas, Florida, Georgia, Kansas, Kentucky, Indiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, West Virginia, and Wyoming.

Response to application from respondents Texas, et al. filed.

Response to application (22A17) requested by Justice Alito, due 5 p.m. (EDT), July 13, 2022.

Petition for a writ of certiorari before judgment filed.

Application (22A17) for a stay, submitted to Justice Alito.


United States, et al., et al., Petitioner, represented by Elizabeth B. Prelogar

Texas, et al., Respondent, represented by Judd Edward Stone II

Amici Curiae

21 Cities, Counties, and Local Government Organizations, Amicus Curiae, represented by Daniel Ramsey Suvor

Administrative Law Professors, Amicus Curiae, represented by Adam Scott Gershenson

Former Officials of the Department of Homeland Security and the Immigration and Naturalization Service, Amicus Curiae, represented by Brianne Jenna Gorod

Immigrant and Civil Rights Organizations, et al., Amicus Curiae, represented by Sirine Shebaya

National Immigrant Justice Center, American Gateways, API-GBV, Tahirih Justice Center, Amicus Curiae, represented by Charles G. Roth

New York, California, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington, and the District of Columbia, Amicus Curiae, represented by Barbara Dale Underwood

Public Citizen, Amicus Curiae, represented by Allison M. Zieve

Stephen I. Vladeck, Amicus Curiae, represented by Lindsay C. Harrison

The American Civil Liberties Union, ACLU of Texas, American Immigration Lawyers Association, Amicus Curiae, represented by Cody Hirt Wofsy

Last updated: October 3, 2022