Case: 15-40238

Document: 00512980448

Page: 1

Date Filed: 03/24/2015

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT
__________

No. 15-40238
__________
STATE OF TEXAS; STATE OF ALABAMA; STATE OF GEORGIA;
STATE OF IDAHO; STATE OF INDIANA; STATE OF KANSAS; STATE OF
LOUISIANA; STATE OF MONTANA; STATE OF NEBRASKA; STATE OF
SOUTH CAROLINA; STATE OF SOUTH DAKOTA; STATE OF UTAH;
STATE OF WEST VIRGINIA; STATE OF WISCONSIN; PAUL R. LEPAGE,
Governor, State of Maine; PATRICK L. MCCRORY, Governor, State of
North Carolina; C. L. BUTCH OTTER, Governor, State of Idaho; PHIL
BRYANT, Governor, State of Mississippi; STATE OF NORTH DAKOTA;
STATE OF OHIO; STATE OF OKLAHOMA; STATE OF FLORIDA; STATE
OF ARIZONA; STATE OF ARKANSAS; ATTORNEY GENERAL BILL
SCHUETTE; STATE OF NEVADA; STATE OF TENNESSEE,
PlaintiffsAppellees,
versus
UNITED STATES OF AMERICA; JEH CHARLES JOHNSON, Secretary,
Department of Homeland Security; R. GIL KERLIKOWSKE, Commissioner
of U.S. Customs and Border Protection; RONALD D. VITIELLO, Deputy
Chief of U.S. Border Patrol, U.S. Customs and Border Protection; SARAH R.
SALDANA, Director of U.S. Immigration and Customs Enforcement; LEON
RODRIGUEZ, Director of U.S. Citizenship and Immigration Services,
DefendantsAppellants.
_______________________
Appeal from the United States District Court
for the Southern District of Texas
_______________________
ORDER:
IT IS ORDERED that appellants partially opposed motion to expedite
the appeal is GRANTED, subject to the following: The parties have helpfully

Case: 15-40238

Document: 00512980448

Page: 2

Date Filed: 03/24/2015

agreed on most of the particulars for a briefing schedule. Appellants brief is

due, as appellants request, on March 30, 2015. Any briefs of amici curiae supporting appellants are due April 6. Appellees brief is due by the 33rd day after
the filing of appellants brief. Any briefs of amici curiae supporting appellees
are due by the 7th day after the filing of appellees brief. Appellants reply brief
is due by the 14th day after the filing of appellees brief. No extensions will be
granted except on a showing of exceptional circumstances or unforeseen
developments.
IT IS FURTHER ORDERED that appellants unopposed motion for leave
to use an appendix on appeal is GRANTED, provided that an appendix may be
used only if the district-court record on appeal has not been compiled and made
available by March 27.
The court will hear oral argument on the motion for stay pending appeal,
as well as any other motions that may be pending by that time, on Friday
April 17 at 10:00am in New Orleans. Each side will be allowed one hour for
argument. Because, under the briefing schedule set forth above, the court will
have the benefit of the appellants opening merits brief but presumably not the
appellees merits brief, the appellees are permitted (but not required) to file,
by April 14, a separate brief of not more than 6000 words, limited to responding
to any matters addressed in the appellants opening merits brief that pertain
to the motion for stay pending appeal.
IT IS FURTHER ORDERED that the motion of the States of Washington, California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland,
Massachusetts, New Mexico, New York, Oregon, Rhode Island, and Vermont
and of the District of Columbia for leave to file a brief as amici curiae in support
of the motion to stay the preliminary injunction is GRANTED.

Case: 15-40238

Document: 00512980448

Page: 3

Date Filed: 03/24/2015

IT IS FURTHER ORDERED that the motion of Senators Ted Cruz and

John Cornyn, Representatives Bob Goodlatte and Lamar Smith, the American
Center for Law & Justice, and the Committee To Defend the Separation of
Powers for leave to file a brief as amici curiae in opposition to the motion for
stay pending appeal is GRANTED.
IT IS FURTHER ORDERED that the motion of the Governors of Texas,
Louisiana, New Jersey, and South Dakota for leave to file a brief as amici
curiae in opposition to the motion for stay pending appeal is GRANTED.
IT IS FURTHER ORDERED that the telephonic request of appellants to
file a reply to appellees opposition to the motion for stay pending appeal is
GRANTED. The reply is due March 26.
Nothing in this order is intended to affect or constitute a comment on
any ongoing proceedings in the district court.

/s/ Lyle W. Cayce

LYLE W. CAYCE
Clerk of Court
ENTERED AT THE DIRECTION OF THE COURT