State of Texas v. USA
State of Texas and State of Louisiana |
United States of America, Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, United States Department of Homeland Security, Troy Miller, Senior Official Performing the Duties of the Commissioner of U.S. Customs and Border Protection, in his official capacity, United States Customs and Border Protection, Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, in his official capacity, United States Immigration and Customs Enforcement, Tracy Renaud, Senior Official Performing the Duties of the Director of the U.S. Citizenship and Immigration Services, in her official capacity and U.S. Citizenship and Immigration Services |
State of Arizona, State of Alabama, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Kentucky, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of West Virginia, State of Wyoming, State of Arkansas and Immigration Reform Law Institute |
22-40367 |
June 13, 2022 |
U.S. Court of Appeals, Fifth Circuit |
Other Statutes |
Docket Report
This docket was last retrieved on July 28, 2022. A more recent docket listing may be available from PACER.
Document Text |
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SUPREME COURT ORDER received granting petition for writ of certiorari filed by Appellants USA, DHS, ICE, U.S. Citizenship and Immigration Services, United States Customs and Border Protection, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Ms. Tracy Renaud, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement and Mr. Troy Miller in 22-40367 on 07/21/2022. [9902752-1] [22-40367] (SCV) [Entered: 07/28/2022 11:19 AM] |
SUPREME COURT NOTICE that petition for writ of certiorari [9902740-2] was filed by Appellants Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Ms. Tracy Renaud, U.S. Citizenship and Immigration Services, United States Customs and Border Protection, DHS, ICE and USA on 07/08/2022. Supreme Court Number: 22-58. [22-40367] (SCV) [Entered: 07/28/2022 11:13 AM] |
BRIEFING SUSPENDED - pending Supreme Court decision in case 22-58. [22-40367] (ABT) [Entered: 07/28/2022 11:44 AM] |
APPEARANCE FORM FILED by Attorney Elizabeth Baker Murrill for Appellee State of Louisiana in 22-40367 [22-40367] (NFD) [Entered: 07/26/2022 12:47 PM] |
APPEARANCE FORM received from Ms. Elizabeth Baker Murrill, Esq. for State of Louisiana for the court's review. Lead Counsel? Yes. [22-40367] (Elizabeth Baker Murrill ) [Entered: 07/25/2022 12:24 PM] |
ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? Yes. Video/Audio Exhibits on File in District Court? No Electronic ROA deadline satisfied. [22-40367] (LEF) [Entered: 07/14/2022 03:12 PM] |
BRIEFING NOTICE ISSUED A/Pet's Brief Due on 08/23/2022 for Appellants Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement and United States of America. [22-40367] (LEF) [Entered: 07/14/2022 03:21 PM] |
NON DISPOSITIVE PUBLISHED OPINION FILED. Judge: EHJ , Judge: EBC , Judge: KDE.; denying motion for stay pending appeal filed by Appellants USA, DHS, ICE, U.S. Citizenship and Immigration Services, United States Customs and Border Protection, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Ms. Tracy Renaud, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement and Mr. Troy Miller [ # 9870044-2 ]; denying motion to extend the administrative stay pending a determination by the Solicitor General whether to seek relief from the Supreme Court filed by Appellants USA, DHS, ICE, U.S. Citizenship and Immigration Services, United States Customs and Border Protection, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Ms. Tracy Renaud, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement and Mr. Troy Miller [ # 9870044-3 ] [22-40367] (NFD) [Entered: 07/06/2022 04:43 PM] |
SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellants DHS, ICE, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Ms. Tracy Renaud, U.S. Citizenship and Immigration Services, United States Customs and Border Protection and USA Date of Service: 07/06/2022 via email - Attorney for Amici Curiae: Crapo, Ensign; Attorney for Appellants: Hu, Janda, Reuveni, Shih, Tenny; Attorney for Appellees: Hudson, Murrill, Stone, Sweeten, Walters, Wilson [22-40367] (Sean Janda ) [Entered: 07/06/2022 01:05 PM] |
RESPONSE filed to the 28j Letter filed by Appellants USA, DHS, ICE, U.S. Citizenship and Immigration Services, United States Customs and Border Protection, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Ms. Tracy Renaud, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement and Mr. Troy Miller in 22-40367 [ # 9883970-2 ] Date of Service: 07/05/2022 [22-40367] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE filed by Appellees State of Louisiana and State of Texas to the filed by Appellants DHS, ICE, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Ms. Tracy Renaud, U.S. Citizenship and Immigration Services, United States Customs and Border Protection and USA [ # 9883970-2 ] Date of Service: 07/05/2022 via email - Attorney for Amici Curiae: Crapo, Ensign; Attorney for Appellants: Hu, Janda, Reuveni, Shih, Tenny; Attorney for Appellees: Hudson, Murrill, Stone, Sweeten, Walters, Wilson; US mail - Attorney for Appellant: Kirschner [22-40367] (Benjamin D. Wilson ) [Entered: 07/05/2022 07:08 PM] |
SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellants DHS, ICE, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Ms. Tracy Renaud, U.S. Citizenship and Immigration Services, United States Customs and Border Protection and USA Date of Service: 07/01/2022 via email - Attorney for Amici Curiae: Crapo, Ensign; Attorney for Appellants: Hu, Janda, Reuveni, Shih, Tenny; Attorney for Appellees: Hudson, Murrill, Stone, Sweeten, Walters, Wilson [22-40367] (Sean Janda ) [Entered: 07/01/2022 01:32 PM] |
ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 6:21-CV-16. Electronic ROA due on 07/14/2022. [22-40367] (ABT) [Entered: 06/29/2022 10:35 AM] |
TRANSCRIPT ORDER received from Appellants Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Ms. Tracy Renaud, U.S. Citizenship and Immigration Services, United States Customs and Border Protection, DHS, ICE and USA advising transcript unnecessary as it is already filed (Note: not all hearings that were held were transcribed) . Transcript Order ddl satisfied [22-40367] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: TRANSCRIPT ORDER received from Appellants DHS, ICE, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Ms. Tracy Renaud, U.S. Citizenship and Immigration Services, United States Customs and Border Protection and USA advising transcript unnecessary as it is already filed. Date of Service: 06/29/2022 via email - Attorney for Amici Curiae: Crapo, Ensign; Attorney for Appellants: Hu, Janda, Reuveni, Shih, Tenny; Attorney for Appellees: Hudson, Murrill, Stone, Sweeten, Walters, Wilson [22-40367] (Sean Janda ) [Entered: 06/29/2022 10:17 AM] |
APPEARANCE FORM FILED by Attorney Drew C. Ensign for Amicus Curiae State of Arkansas in 22-40367, Attorney Drew C. Ensign for Amicus Curiae State of Wyoming in 22-40367, Attorney Drew C. Ensign for Amicus Curiae State of West Virginia in 22-40367, Attorney Drew C. Ensign for Amicus Curiae State of South Carolina in 22-40367, Attorney Drew C. Ensign for Amicus Curiae State of Oklahoma in 22-40367, Attorney Drew C. Ensign for Amicus Curiae State of Ohio in 22-40367, Attorney Drew C. Ensign for Amicus Curiae State of Nebraska in 22-40367, Attorney Drew C. Ensign for Amicus Curiae State of Montana in 22-40367, Attorney Drew C. Ensign for Amicus Curiae State of Missouri in 22-40367, Attorney Drew C. Ensign for Amicus Curiae State of Mississippi in 22-40367, Attorney Drew C. Ensign for Amicus Curiae State of Kentucky in 22-40367, Attorney Drew C. Ensign for Amicus Curiae State of Kansas in 22-40367, Attorney Drew C. Ensign for Amicus Curiae State of Indiana in 22-40367, Attorney Drew C. Ensign for Amicus Curiae State of Georgia in 22-40367, Attorney Drew C. Ensign for Amicus Curiae State of Florida in 22-40367, Attorney Drew C. Ensign for Amicus Curiae State of Alabama in 22-40367, Attorney Drew C. Ensign for Amicus Curiae State of Arizona in 22-40367 [22-40367] (RLL) [Entered: 06/27/2022 08:49 AM] |
REPLY filed by Appellants DHS, ICE, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Ms. Tracy Renaud, U.S. Citizenship and Immigration Services, United States Customs and Border Protection and USA [9876721-1] to the for stay pending appeal filed by Appellants DHS, ICE, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Ms. Tracy Renaud, U.S. Citizenship and Immigration Services, United States Customs and Border Protection and USA [ # 9870044-2 ], to the for extraordinary relief filed by Appellants DHS, ICE, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Ms. Tracy Renaud, U.S. Citizenship and Immigration Services, United States Customs and Border Protection and USA [ # 9870044-3 ], to the filed by Appellees State of Texas and State of Louisiana [ # 9875709-2 ]. Date of Service: 06/23/2022 via email - Attorney for Amici Curiae: Crapo, Ensign; Attorney for Appellants: Hu, Janda, Reuveni, Shih, Tenny; Attorney for Appellees: Hudson, Murrill, Stone, Sweeten, Walters, Wilson. [22-40367] (Sean Janda ) [Entered: 06/23/2022 10:02 AM] |
COURT ORDER granting Motion to file amicus brief filed by State of Montana, State of South Carolina, State of Alabama, State of Oklahoma, State of Florida, State of Arkansas, State of Ohio, State of Georgia, State of Missouri, State of Kansas, State of West Virginia, State of Nebraska, State of Mississippi, State of Arizona, State of Kentucky, State of Indiana and State of Wyoming [ # 9875253-2 ], granting Motion to file amicus brief filed by Immigration Reform Law Institute [ # 9875737-2 ] filed by State of Arizona, State of Alabama, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Kentucky, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of West Virginia, State of Wyoming, State of Arkansas and Immigration Reform Law Institute in 22-40367 [22-40367] (RLL) [Entered: 06/22/2022 04:51 PM] |
AMICUS CURIAE BRIEF FILED by State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Kentucky, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of West Virginia and State of Wyoming. Consent is Not Necessary as a Motion has been Granted. [22-40367] (RLL) [Entered: 06/22/2022 04:57 PM] |
AMICUS CURIAE BRIEF FILED by Immigration Reform Law Institute. Consent is Not Necessary as a Motion has been Granted. [22-40367] (RLL) [Entered: 06/22/2022 04:58 PM] |
APPEARANCE FORM received from Mr. Drew C. Ensign for State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Kentucky, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of West Virginia and State of Wyoming for the court's review. Lead Counsel? Yes. [22-40367] (Drew C. Ensign ) [Entered: 06/22/2022 04:13 PM] |
APPEARANCE FORM FILED by Attorney Matt A. Crapo for Not Party Immigration Reform Law Institute in 22-40367 [22-40367] (RLL) [Entered: 06/22/2022 12:21 PM] |
Attorney Benjamin D. Wilson added as counsel of record for Appellees State of Texas and State of Louisiana in 22-40367 [22-40367] (RLL) [Entered: 06/22/2022 11:20 AM] |
APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-40367] (Matt A. Crapo ) [Entered: 06/22/2022 09:22 AM] |
UNOPPOSED MOTION by Not Parties State of Arizona, State of Alabama, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Kentucky, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of West Virginia, State of Wyoming and State of Arkansas to file amicus brief [9875253-2] Date of Service: 06/22/2022 [22-40367] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION by Arizona, Alabama, Arkansas, Florida, Georgia, Indiana, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, West Virginia, and Wyoming to file amicus brief [9875253-2] Date of service: 06/22/2022 via email - Attorney for Appellants: Hu, Janda, Kirschner, Reuveni, Shih, Tenny; Attorney for Appellees: Hudson, Murrill, Sweeten, Walters [22-40367] (Drew C. Ensign ) [Entered: 06/22/2022 12:21 AM] |
RESPONSE/OPPOSITION [9875709-1] to the Motion for stay pending appeal filed by Appellants USA, DHS, ICE, U.S. Citizenship and Immigration Services, United States Customs and Border Protection, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Ms. Tracy Renaud, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement and Mr. Troy Miller in 22-40367 [ # 9870044-2 ], Motion for extraordinary relief filed by Appellants USA, DHS, ICE, U.S. Citizenship and Immigration Services, United States Customs and Border Protection, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Ms. Tracy Renaud, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement and Mr. Troy Miller in 22-40367 [ # 9870044-3 ] [ # 9870471-2 ] Response/Opposition deadline satisfied. Date of Service: 06/22/2022. [22-40367] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by State of Texas and State of Louisiana [9875709-1] to the for stay pending appeal filed by Appellants DHS, ICE, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Ms. Tracy Renaud, U.S. Citizenship and Immigration Services, United States Customs and Border Protection and USA [ # 9870044-2 ], for extraordinary relief filed by Appellants DHS, ICE, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Ms. Tracy Renaud, U.S. Citizenship and Immigration Services, United States Customs and Border Protection and USA [ # 9870044-3 ] Date of Service: 06/22/2022 via email - Attorney for Appellants: Hu, Janda, Reuveni, Shih, Tenny; Attorney for Appellees: Hudson, Murrill, Sweeten, Walters, Wilson; US mail - Attorney for Appellant: Kirschner. [22-40367] (Benjamin D. Wilson ) [Entered: 06/22/2022 11:30 AM] |
UNOPPOSED MOTION by Not Party Immigration Reform Law Institute to file amicus brief [9875737-2] [22-40367] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by Immigration Reform Law Institute to file amicus brief [9875737-2] Date of service: 06/22/2022 via email - Attorney for Appellants: Hu, Janda, Reuveni, Shih, Tenny; Attorney for Appellees: Hudson, Murrill, Sweeten, Walters, Wilson; US mail - Attorney for Appellant: Kirschner [22-40367] (Matt A. Crapo ) [Entered: 06/22/2022 11:44 AM] |
APPEARANCE FORM FILED by Attorney(s) Judd Edward Stone II for party(s) Appellee State of Texas Appellee State of Louisiana, in case 22-40367 [22-40367] (RLL) [Entered: 06/22/2022 12:20 PM] |
APPEARANCE FORM FILED by Attorney Benjamin D. Wilson for Appellee State of Louisiana in 22-40367, Attorney Benjamin D. Wilson for Appellee State of Texas in 22-40367 [22-40367] (RLL) [Entered: 06/22/2022 12:18 PM] |
APPEARANCE FORM for the court's review. Lead Counsel? No. [22-40367] (Judd Edward Stone II) [Entered: 06/21/2022 05:42 PM] |
APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-40367] (Benjamin D. Wilson ) [Entered: 06/21/2022 10:17 AM] |
APPEARANCE FORM FILED by Attorney(s) Sean Janda for party(s) Appellant USA Appellant Troy Miller Appellant United States Customs and Border Protection Appellant Tracy Renaud Appellant DHS Appellant Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement Appellant ICE Appellant U.S. Citizenship and Immigration Services Appellant Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, in case 22-40367. [22-40367] (RLL) [Entered: 06/14/2022 12:01 PM] |
INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [9869414-2] Initial AA Check Due satisfied. Transcript order due on 06/29/2022 for Appellants Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement and United States of America [22-40367] (RLL) [Entered: 06/14/2022 08:19 AM] |
APPEARANCE FORM FILED by Attorney(s) Michael Shih for party(s) Appellant USA Appellant Troy Miller Appellant United States Customs and Border Protection Appellant Tracy Renaud Appellant DHS Appellant Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement Appellant ICE Appellant U.S. Citizenship and Immigration Services Appellant Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, in case 22-40367. [22-40367] (RLL) [Entered: 06/14/2022 12:04 PM] |
APPEARANCE FORM FILED by Attorney(s) Daniel Bentele Hahs Tenny for party(s) Appellant USA Appellant Troy Miller Appellant United States Customs and Border Protection Appellant Tracy Renaud Appellant DHS Appellant Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement Appellant ICE Appellant U.S. Citizenship and Immigration Services Appellant Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, in case 22-40367 [22-40367] (RLL) [Entered: 06/14/2022 12:02 PM] |
OPPOSED MOTION for stay pending appeal, to extend the administrative stay pending a determination by the Solicitor General whether to seek relief from the Supreme Court [9870044-3]. Date of service: 06/14/2022 Response/Opposition due on 06/24/2022. [22-40367] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellants DHS, ICE, Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Ms. Tracy Renaud, U.S. Citizenship and Immigration Services, United States Customs and Border Protection and USA for stay pending appeal [9870044-2] Ruling is requested by: 06/24/2022. Date of service: 06/14/2022 via email - Attorney for Appellants: Hu, Janda, Kirschner, Reuveni, Shih, Tenny; Attorney for Appellees: Hudson, Murrill, Sweeten, Walters; US mail - Attorney for Appellant: Kirschner [22-40367] (Sean Janda ) [Entered: 06/14/2022 01:31 PM] |
COURT DIRECTIVE ISSUED requesting a response to the motion for stay pending appeal [ # 9870044-2 ] and to extend the administrative stay pending a determination by the Solicitor General whether to seek relief from the Supreme Court 22-40367 [ # 9870044-3 ] to be filed no later than 12:00 noon, 06/22/2022. Response/Opposition due on 12:00 p.m., 06/22/2022. [22-40367] (CAG) [Entered: 06/14/2022 04:26 PM] |
APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-40367] (Sean Janda ) [Entered: 06/13/2022 05:15 PM] |
APPEARANCE FORM for the court's review. Lead Counsel? No. [22-40367] (Daniel Bentele Hahs Tenny ) [Entered: 06/13/2022 08:17 PM] |
APPEARANCE FORM for the court's review. Lead Counsel? No. [22-40367] (Michael Shih ) [Entered: 06/13/2022 08:43 PM] |
US CIVIL CASE docketed. NOA filed by Appellants Mr. Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, Mr. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Mr. Troy Miller, Ms. Tracy Renaud, U.S. Citizenship and Immigration Services, United States Customs and Border Protection, DHS, ICE and USA [22-40367] (SDH) [Entered: 06/13/2022 04:59 PM] |
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