Opinion
No. 21-40618
11-30-2021
State of TEXAS ; State of Louisiana, Plaintiffs—Appellees, v. UNITED STATES of America; Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security; United States Department of Homeland Security; Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, in His Official Capacity; United States Customs and Border Protection ; Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, in His Official Capacity; United States Immigration and Customs Enforcement; Ur M. Jaddou, Director of The U.S. Citizenship and Immigration Services; United States Citizenship and Immigration Services, Defendants—Appellants.
Judd Edward Stone, II, Kathryn Cherry, Benjamin D. Wilson, Office of the Attorney General of Texas, Office of the Solicitor General, Austin, TX, Elizabeth Baker Murrill, Esq., Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, Patrick K. Sweeten, Office of the Attorney General of Texas, Special Counsel Unit, Austin, TX, for Plaintiff-Appellee State of Texas. Judd Edward Stone, II, Kathryn Cherry, Benjamin D. Wilson, Office of the Attorney General of Texas, Office of the Solicitor General, Austin, TX, Elizabeth Baker Murrill, Esq., Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, for Plaintiff-Appellee State of Louisiana. Sean Janda, H. Thomas Byron, III, Michael Shih, U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Sarah Elaine Harrington, U.S. Department of Justice, Civil Division, Washington, DC, Daniel David Hu, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, Erez Reuveni, Assistant Director, U.S. Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, for Defendants-Appellants. Spencer Amdur, Cody Wofsy, American Civil Liberties Union Foundation Immigrants' Rights Project, San Francisco, CA, Kathryn Lynn Huddleston, American Civil Liberties Union of Texas, Houston, TX, Omar C. Jadwat, American Civil Liberties Union Foundation Immigrants' Rights Project, New York, NY, for Amici Curiae FIEL Houston, Refugee and Immigrant Center for Education and Legal Services. Matt A. Crapo, Alexandria, VA, for Amici Curiae Immigration Reform Law Institute, Immigration Reform Law Institute. Drew C. Ensign, Deputy Solicitor General, Attorney General's Office for the State of Arizona, Phoenix, AZ, for Amici Curiae State of Arizona, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of South Carolina, State of South Dakota, State of Utah, State of West Virginia. Walter S. Zimolong, III, Esq., Zimolong, L.L.C., Villanova, PA, for Amicus Curiae Advocates for Victims of Illegal Alien Crime.
Judd Edward Stone, II, Kathryn Cherry, Benjamin D. Wilson, Office of the Attorney General of Texas, Office of the Solicitor General, Austin, TX, Elizabeth Baker Murrill, Esq., Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, Patrick K. Sweeten, Office of the Attorney General of Texas, Special Counsel Unit, Austin, TX, for Plaintiff-Appellee State of Texas.
Judd Edward Stone, II, Kathryn Cherry, Benjamin D. Wilson, Office of the Attorney General of Texas, Office of the Solicitor General, Austin, TX, Elizabeth Baker Murrill, Esq., Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, for Plaintiff-Appellee State of Louisiana.
Sean Janda, H. Thomas Byron, III, Michael Shih, U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Sarah Elaine Harrington, U.S. Department of Justice, Civil Division, Washington, DC, Daniel David Hu, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, Erez Reuveni, Assistant Director, U.S. Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, for Defendants-Appellants.
Spencer Amdur, Cody Wofsy, American Civil Liberties Union Foundation Immigrants' Rights Project, San Francisco, CA, Kathryn Lynn Huddleston, American Civil Liberties Union of Texas, Houston, TX, Omar C. Jadwat, American Civil Liberties Union Foundation Immigrants' Rights Project, New York, NY, for Amici Curiae FIEL Houston, Refugee and Immigrant Center for Education and Legal Services.
Matt A. Crapo, Alexandria, VA, for Amici Curiae Immigration Reform Law Institute, Immigration Reform Law Institute.
Drew C. Ensign, Deputy Solicitor General, Attorney General's Office for the State of Arizona, Phoenix, AZ, for Amici Curiae State of Arizona, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of South Carolina, State of South Dakota, State of Utah, State of West Virginia.
Walter S. Zimolong, III, Esq., Zimolong, L.L.C., Villanova, PA, for Amicus Curiae Advocates for Victims of Illegal Alien Crime.
ORDER
On a poll taken pursuant to a request by an active member of the court for rehearing en banc, a majority of active judges in service and not disqualified has determined that the panel opinion issuing a stay pending appeal should be vacated. The appeal shall be assigned to an oral argument panel in the regular course.