CRANE v. JOHNSON

No. 14-10049.

783 F.3d 244 (2015)

Christopher L. CRANE; David A. Engle; Anastasia Marie Carroll; Ricardo Diaz; Lorenzo Garza; Felix Luciano; Tre Rebstock; Fernando Silva; Samuel Martin; James D. Doebler; State Of Mississippi, by and through Governor Phil Bryant, Plaintiffs-Appellants Cross-Appellees v. Jeh Charles JOHNSON, Secretary, Department Of Homeland Security; John Sandweg, in his Official Capacity as Director of Immigration and Customs Enforcement; Lori Scialabba, in her Official Capacity as Acting Director of United States Citizenship and Immigration Services, Defendants-Appellees Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

April 7, 2015.


Attorney(s) appearing for the Case

Kris William Kobach, Esq. (argued), Kansas City, KS, Peter Michael Jung, Strasburger & Price, L.L.P., Dallas, TX, for Plaintiff-Appellant Cross-Appellee.

Jeffrey A. Clair, Esq. (argued), Adam David Kirschner,   Michael Jay Singer, U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Defendant-Appellee Cross-Appellant.

Lawrence John Joseph, Washington, DC, for Amicus Curiae Eagle Forum Education and Legal Defense Fund.

Barnaby W. Zall, Esq., Weinberg, Jacobs & Tolani, L.L.P., Rockville, MD, for Amicus Curiae Immigration Reform Law Institute.

Nicolas Chavez, Esq., Chavez & Valko, L.L.P., Dallas, TX, Melissa Ellen Crow, Director, Beth Werlin, American Immigration Council, Washington, DC, for Amicus Curiae American Immigration Lawyers Association.

Marisa Bono, Mexican-American Legal Defense & Educational Fund, San Antonio, TX, Melissa Ellen Crow, Director, Beth Werlin, American Immigration Council, Washington, DC, for Amici Curiae Mexican American Legal Defense & Educational Fund, American Immigration Council.

Marisa Bono, Mexican-American Legal Defense & Educational Fund, Melissa Ellen Crow, Director, Beth Werlin, American Immigration Council, Washington, DC, Charles Roth, National Immigrant Justice Center, Chicago, IL, for Amicus Curiae National Immigrant Justice Center.

Nicolas Chavez, Esq., Chavez & Valko, L.L.P., Dallas, TX, Melissa Ellen Crow, Director, Beth Werlin, American Immigration Council, Washington, DC, Marisa Bono, Mexican-American Legal Defense & Educational Fund, San Antonio, TX, for Amici Curiae National Immigration Law Center, New York Legal Assistance Group, United We Dream Network.

Before KING, DAVIS, and OWEN, Circuit Judges.


Plaintiffs-Appellants are several Immigration and Customs Enforcement agents and deportation officers (collectively referred to as "Agents") and the State of Mississippi. They filed this suit against the Secretary of the Department of Homeland Security and the directors of departments within that agency (collectively...

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