STATE v. UNITED STATES DEP'T OF HOMELAND SECURITY

No. 23-50869.

88 F.4th 1127 (2023)

STATE of Texas, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY; Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security; United States Customs and Border Protection; United States Border Patrol; Troy Miller, Acting Commissioner, U.S. Customs and Border Protection; Jason Owens, in his official capacity as Chief of the U.S. Border Patrol; Juan Bernal, in his official capacity as Acting Chief Patrol Agent, Del Rio Sector United States Border Patrol, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed December 19, 2023.


Attorney(s) appearing for the Case

Ari Cuenin , Aaron Lloyd Nielson , James Andrew Mackenzie , Office of the Attorney General, Solicitor General Division, Robert E. Henneke , Texas Public Policy Foundation, Ryan Daniel Walters , Attorney, Office of the Texas Attorney General, Special Litigation Division, Austin, TX, for Plaintiff-Appellant.

Steven Andrew Myers , Melissa Nicole Patterson, Esq. , U.S. Department of Justice, Civil Division, Appellate Section, Christopher A. Eiswerth , U.S. Department of Justice, Civil Division, Federal Programs Branch, Washington, DC, Robert D. Green , U.S. Attorney's Office, Civil Section, San Antonio, TX, for Defendants-Appellees.

Before Haynes, Willett, and Duncan, Circuit Judges.


PUBLISHED ORDER

Texas seeks an injunction pending appeal to prevent the United States Border Patrol from cutting, destroying, or otherwise interfering with concertina wire ("cwire") Texas has constructed along more than 29 miles of municipal and private land in the Eagle...

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