Biden v. Texas, No. 21-954 [Arg: 04.26.2022]

Issue(s): (1) Whether 8 U.S.C. § 1225 requires the Department of Homeland Security to continue implementing the Migrant Protection Protocols, a former policy under which certain noncitizens arriving at the southwest border were returned to Mexico during their immigration proceedings; and (2) whether the U.S. Court of Appeals for the 5th Circuit erred by concluding that the secretary of homeland security’s new decision terminating MPP had no legal effect.
QUESTION PRESENTED
  1. Whether 8 U.S.C. § 1225 requires the Department of Homeland Security to continue implementing the Migrant Protection Protocols, a former policy under which certain noncitizens arriving at the southwest border were returned to Mexico during their immigration proceedings; and 
  2. whether the U.S. Court of Appeals for the 5th Circuit erred by concluding that the secretary of homeland security’s new decision terminating MPP had no legal effect.

Date Proceedings and Orders
Dec 29 2021 | Petition for a writ of certiorari filed. (Response due January 28, 2022)
Jan 18 2022 | Motion to extend the time to file a response from January 28, 2022 to February 28, 2022, submitted to The Clerk.
Jan 19 2022 | Response to motion to extend the time to file a response filed.
Jan 19 2022 | Motion to extend the time to file a response DENIED.
Jan 28 2022 | Waiver of the 14-day waiting period for distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
Jan 28 2022 | Brief of respondents Texas, et al. in opposition filed.
Feb 02 2022 | DISTRIBUTED for Conference of 2/18/2022.
Feb 02 2022 | Reply of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
Feb 18 2022 | Petition GRANTED. The case will be set for argument in the second week of the April 2022 argument session. Petitioners' brief on the merits is to be filed on or before Monday, March 14, 2022. Respondents' brief on the merits is to be filed on or before Thursday, April 7, 2022. The reply brief is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Wednesday, April 20, 2022.
Mar 08 2022 | Blanket Consent filed by Petitioner, Joseph R. Biden, Jr., President of the United States, et al.
Mar 14 2022 | Blanket Consent filed by Respondent, Texas
Mar 14 2022 | Brief of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed.
Mar 14 2022 | Joint appendix filed.
Mar 15 2022 | ARGUMENT SET FOR Tuesday, April 26, 2022.
Mar 16 2022 | Record requested from the U.S.C.A. 5th Circuit.
Mar 18 2022 | Brief amicus curiae of Public Citizen filed.
Mar 18 2022 | Brief amicus curiae of Professor Benjamin Eidelson filed.
Mar 21 2022 | Brief amici curiae of Bipartisan Former Officials of the Department of Homeland Security and the Immigration and Naturalization Service filed.
Mar 21 2022 | Brief amici curiae of Former DHS Secretary Jeh C. Johnson and Former Ambassador to Mexico Roberta S. Jacobson filed.
Mar 21 2022 | Brief amici curiae of State of Illinois, et al. filed.
Mar 21 2022 | Brief amicus curiae of Center for Immigration Law and Policy, UCLA School of Law filed.
Mar 21 2022 | Brief amici curiae of The Border Project and the National Immigrant Justice Center filed.
Mar 21 2022 | Brief amici curiae of Administrative Law Professors filed.
Mar 21 2022 | Brief amici curiae of 61 Immigration Advocacy and Legal Service Organizations filed.
Mar 21 2022 | Brief amici curiae of United States Conference of Catholic Bishops, et al. filed.
Mar 21 2022 | Brief amici curiae of 25 Cities and Counties filed.
Mar 23 2022 | Record from the U.S.C.A. 5th Circuit is electronic and located on PACER.
Mar 23 2022 | Record received from the U.S.D.C. Northern District of Texas (Amarillo) has been electronically filed.
Mar 23 2022 | CIRCULATED
Apr 07 2022 | Brief of respondent Texas filed. (Distributed)
Apr 14 2022 | Brief amicus curiae of Center for Immigration Studies filed. (Distributed)
Apr 14 2022 | Brief amici curiae of Indiana, et al. filed. (Distributed)
Apr 14 2022 | Brief amicus curiae of Advocates for Victims of Illegal Alien Crime filed. (Distributed)
Apr 14 2022 | Brief amicus curiae of Landmark Legal Foundation filed. (Distributed)
Apr 14 2022 | Brief amicus curiae of America First Legal Foundation filed. (Distributed)
Apr 14 2022 | Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed)
Apr 14 2022 | Brief amicus curiae of Advancing American Freedom filed. (Distributed)
Apr 19 2022 | Reply of petitioner Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
Apr 25 2022 | Letter from the Solicitor General noting statistical corrections to reports cited in their petition filed. (Distributed)
Apr 26 2022 | Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex.




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Biden v. Texas, No. 21-954 [Arg: 04.26.2022]
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