No. 22-58
Title:United States, et al., Petitioners
Texas, et al.
Docketed:July 21, 2022
Linked with 22A17
Lower Ct:United States Court of Appeals for the Fifth Circuit
   Case Numbers:(22-40367)
   Decision Date:
   Rehearing Denied:
  Discretionary Court Decision Date:

DateProceedings and Orders
Jul 08 2022Application (22A17) for a stay, submitted to Justice Alito.
Main DocumentLower Court Orders/OpinionsProof of Service
Jul 08 2022Petition for a writ of certiorari before judgment filed.
Jul 08 2022Response to application (22A17) requested by Justice Alito, due 5 p.m. (EDT), July 13, 2022.
Jul 13 2022Response to application from respondents Texas, et al. filed.
Main DocumentProof of Service
Jul 13 2022Motion 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.
Main DocumentProof of Service
Jul 13 2022Motion for leave to file amicus brief filed by Professor Stephen I. Vladeck.
Main DocumentProof of Service
Jul 13 2022Motion for leave to file amicus brief filed by Immigration Reform Law Institute.
Main Document
Jul 14 2022Reply of applicants United States, et al. filed.
Proof of ServiceReply
Jul 21 2022Application (22A17) referred to the Court.
Jul 21 2022Application (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.

Attorneys for Petitioners
Elizabeth B. Prelogar
    Counsel of Record
Solicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Party name: United States, et al., et al.
Attorneys for Respondents
Judd Edward Stone II
    Counsel of Record
Texas Attorney General's Office
P.O. Box 12548 (MC 059)
Austin, TX 78711-2548
Party name: Texas, et al.