Tohono O'odham Nation v. Markwayne Mullin, et al
| Tohono O'odham Nation, a federally recognized Indian tribe |
| Markwayne Mullin, in his official capacity as Secretary of U.S. Department of Homeland Security, Rodney S. Scott, in his official capacity as Commissioner of U.S. Customs and Border Protection and Rosario Vasquez, in his official capacity as Chief of U.S. Border Patrol |
| National Congress of American Indians, Inter Tribal Association of Arizona, Inc., Salt River Pima-Maricopa Indian Community, Ak-Chin Indian Community, National Native American Law Student Association, University of Arizona Native and Indigenous Law Students Association, Center for Biological Diversity and Katie Hobbs, in her official capacity as Governor of Arizona |
| 26-5306 |
| August 27, 2026 |
| U.S. Court of Appeals, D.C. Circuit |
| Torts to Land |
Docket Report
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| ENTRY OF APPEARANCE [2199764] filed by Zeynep J. Graves on behalf of Amicus Curiae for Appellant Center for Biological Diversity. [26-5306] (Graves, Zeynep) [Entered: 10/22/2026 05:40 PM] |
| ENTRY OF APPEARANCE [2199701] filed by Kyle Glynn and co-counsel Adam R.F. Gustafson, Christopher Anderson on behalf of Appellees Rodney S. Scott, Markwayne Mullin and Rosario Vasquez. [26-5306] (Gustafson, Adam) [Entered: 10/22/2026 03:03 PM] |
| REPLY [2199621] filed by Tohono O'odham Nation to response [ # 2198306-2 ] [Service Date: 10/22/2026 by Email] Length Certification: 2597. [26-5306] (Kanji, Riyaz) [Entered: 10/22/2026 12:33 PM] |
| CLERK'S ORDER [2199281] filed scheduling oral argument on Tuesday, 12/01/2026. [26-5306] [Entered: 10/20/2026 04:49 PM] |
| CLERK'S ORDER [2198451] filed granting appellant's unopposed motion to extend time [ # 2198181-2 ], setting revised briefing schedule: APPELLANT Reply Brief due 10/28/2026 [26-5306] [Entered: 10/15/2026 04:52 PM] |
| RESPONSE IN OPPOSITION [2198306] to motion for injunction [ # 2196333-2 ] filed by Markwayne Mullin, Rodney S. Scott and Rosario Vasquez [Service Date: 10/15/2026 by CM/ECF NDA] Length Certification: 5,179 words. [26-5306] (Anderson, Christopher) [Entered: 10/15/2026 12:15 PM] |
| UNOPPOSED MOTION [2198181] to extend time to file reply to 10/28/2026 filed by Tohono O'odham Nation [Service Date: 10/14/2026 ] Length Certification: 437. [26-5306] (Kanji, Riyaz) [Entered: 10/14/2026 11:40 PM] |
| APPELLEE BRIEF [2198153] filed by Markwayne Mullin, Rodney S. Scott and Rosario Vasquez [Service Date: 10/14/2026 ] Length of Brief: 12,851 words. [26-5306] (Anderson, Christopher) [Entered: 10/14/2026 05:30 PM] |
| PER CURIAM ORDER [2196482] filed ORDERED that appellees file a response to the motion [ # 2196333-2 ] by October 15, 2026. Any reply is due by October 22, 2026. Before Judges: Pillard, Katsas and Walker. [26-5306] [Entered: 10/06/2026 09:33 AM] |
| ENTRY OF APPEARANCE [2196484] filed by Kyle Glynn and co-counsel Christopher Anderson on behalf of Appellees Markwayne Mullin, Rodney S. Scott and Rosario Vasquez. [26-5306] (Anderson, Christopher) [Entered: 10/06/2026 09:35 AM] |
| ENTRY OF APPEARANCE [2196358] filed by Elizabeth B. Prelogar and Joshua Revesz on behalf of Appellant Tohono O'odham Nation. [26-5306] (Prelogar, Elizabeth) [Entered: 10/05/2026 02:37 PM] |
| EMERGENCY MOTION [2196333] for injunction filed by Tohono O'odham Nation (Service Date: 10/05/2026 by Email) Length Certification: 5,186. [26-5306] (Kanji, Riyaz) [Entered: 10/05/2026 01:20 PM] |
| CORRECTED AMICUS FOR APPELLANT BRIEF [2194931] filed by Center for Biological Diversity [Service Date: 09/24/2026 ] Length of Brief: 15 Pages. [26-5306] (Zukoski, Edward) [Entered: 09/24/2026 08:54 PM] |
| CORRECTED AMICUS FOR APPELLANT BRIEF [2194896] filed by National Native American Law Student Association and University of Arizona Native and Indigenous Law Students Association [Service Date: 09/24/2026 ] Length of Brief: 6006. [26-5306] (Whiteman Runs Him, Heather) [Entered: 09/24/2026 04:26 PM] |
| CORRECTED AMICUS FOR APPELLANT BRIEF [2194849] filed by Salt River Pima-Maricopa Indian Community and Ak-Chin Indian Community [Service Date: 09/24/2026 ] Length of Brief: 5009. [26-5306] (Stanford, Matthew) [Entered: 09/24/2026 02:43 PM] |
| AMICUS FOR APPELLANT BRIEF [2194697] filed by Amici curiae National Native American Law Students Association and Arizona Native and Indigenous Law Students Association [Service Date: 09/23/2026 ] Length of Brief: 6006 words. [26-5306] (Whiteman Runs Him, Heather) [Entered: 09/23/2026 06:56 PM] |
| CONSENT AMICUS FOR APPELLANT BRIEF [2194701] filed by Katie Hobbs, in her official capacity as the Governor of Arizona [Service Date: 09/23/2026 ] Length of Brief: 5101 words. [26-5306] (Cox, Justin) [Entered: 09/23/2026 08:56 PM] |
| AMICUS FOR APPELLANT BRIEF [2194699] filed by Center for Biological Diversity [Service Date: 09/23/2026 ] Length of Brief: 15 Pages. [26-5306] (Zukoski, Edward) [Entered: 09/23/2026 07:52 PM] |
| AMICUS FOR APPELLANT BRIEF [2194695] filed by Salt River Pima-Maricopa Indian Community and Ak-Chin Indian Community [Service Date: 09/23/2026 ] Length of Brief: 5009. [26-5306] (Stanford, Matthew) [Entered: 09/23/2026 06:51 PM] |
| CONSENT AMICUS FOR APPELLANT BRIEF [2194684] filed by National Congress of American Indians and Inter Tribal Association of Arizona, Inc. [Service Date: 09/23/2026 ] Length of Brief: 3,353 words. [26-5306] (Forbes, Mitchell) [Entered: 09/23/2026 05:35 PM] |
| SEALED JOINT APPENDIX [2193540] filed by Tohono O'odham Nation [Volumes: 1] [Service Date: 09/16/2026] [26-5306] [Entered: 09/17/2026 11:52 AM] |
| JOINT APPENDIX [2193482] filed by Tohono O'odham Nation [Volumes: 3] [Service Date: 09/16/2026 ] [26-5306] (Kanji, Riyaz) [Entered: 09/16/2026 11:30 PM] |
| SEPARATE STATUTORY ADDENDUM [2193481] to Appellant/Petitioner brief [ # 2193480-2 ] filed by Tohono O'odham Nation [Service Date:09/16/2026 ] [26-5306] (Kanji, Riyaz) [Entered: 09/16/2026 11:23 PM] |
| APPELLANT BRIEF [2193480] filed by Tohono O'odham Nation [Service Date: 09/16/2026 ] Length of Brief: 12,977 words. [26-5306] (Kanji, Riyaz) [Entered: 09/16/2026 11:20 PM] |
| STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [2192589] filed by Tohono O'odham Nation [Service Date: 09/11/2026 ] Intent: AppxNotDeferred [26-5306] (Kanji, Riyaz) [Entered: 09/11/2026 02:55 PM] |
| TRANSCRIPT STATUS REPORT [2192596] filed by Tohono O'odham Nation [Service Date: 09/11/2026 ]. Status of Transcripts: Final - All transcripts needed for the appeal have been completed and received. [26-5306] (Kanji, Riyaz) [Entered: 09/11/2026 02:58 PM] |
| UNDERLYING DECISION IN CASE [2192592] submitted by Tohono O'odham Nation [26-5306] (Kanji, Riyaz) [Entered: 09/11/2026 02:56 PM] |
| STATEMENT OF ISSUES [2192590] filed by Tohono O'odham Nation [Service Date: 09/11/2026 ] [26-5306] (Kanji, Riyaz) [Entered: 09/11/2026 02:55 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2192586] filed by Tohono O'odham Nation [Service Date: 09/11/2026 ] [26-5306] (Kanji, Riyaz) [Entered: 09/11/2026 02:53 PM] |
| DOCKETING STATEMENT [2192584] filed by Tohono O'odham Nation [Service Date: 09/11/2026 ] [26-5306] (Kanji, Riyaz) [Entered: 09/11/2026 02:53 PM] |
| ENTRY OF APPEARANCE [2192583] filed by Riyaz A. Kanji and David A. Giampetroni on behalf of Appellant Tohono O'odham Nation. [26-5306] (Kanji, Riyaz) [Entered: 09/11/2026 02:52 PM] |
| PER CURIAM ORDER [2192131] filed ORDERED that this case be expedited and that the following briefing schedule apply: APPELLANT'S Brief due 09/16/2026. APPENDIX due 09/16/2026. APPELLEES' Brief due 10/14/2026. APPELLANT'S Reply Brief due 10/21/2026. The Clerk is directed to calendar this case for oral argument on the first appropriate date in December 2026 (SEE ORDER FOR MORE DETAILS). Before Judges: Millett, Walker and Childs. [26-5306] [Entered: 09/09/2026 03:20 PM] |
| ENTRY OF APPEARANCE [2190886] filed by Kyle Glynn on behalf of Appellees Markwayne Mullin, Rodney S. Scott and Rosario Vasquez. [26-5306] (Glynn, Kyle) [Entered: 09/01/2026 11:40 AM] |
| CLERK'S ORDER [2190211] filed directing party to file initial submissions: APPELLANT docketing statement due 09/28/2026. APPELLANT certificate as to parties due 09/28/2026. APPELLANT statement of issues due 09/28/2026. APPELLANT underlying decision due 09/28/2026. APPELLANT deferred appendix statement due 09/28/2026. APPELLANT entry of appearance due 09/28/2026. APPELLANT transcript status report due 09/28/2026. APPELLANT procedural motions due 09/28/2026. APPELLANT dispositive motions due 10/13/2026; directing party to file initial submissions: APPELLEE certificate as to parties due 09/28/2026. APPELLEE entry of appearance due 09/28/2026. APPELLEE procedural motions due 09/28/2026. APPELLEE dispositive motions due 10/13/2026 [26-5306] [Entered: 08/27/2026 11:26 AM] |
| NOTICE OF APPEAL [2190207] seeking review of a decision by the U.S. District Court in 1:26-cv-02127-RJL filed by Tohono O'odham Nation. Appeal assigned USCA Case Number: 26-5306. [26-5306] [Entered: 08/27/2026 11:23 AM] |
| UNOPPOSED MOTION [2190339] to expedite case filed by Tohono O'odham Nation [Service Date: 08/27/2026 ] Length Certification: 2077 words. [26-5306] (Kanji, Riyaz) [Entered: 08/27/2026 11:00 PM] |
| US CIVIL CASE docketed. [26-5306] [Entered: 08/27/2026 11:23 AM] |
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