judicial review on Texas Appeals Journalhttps://texasappeals.org/topics/judicial-review/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 22 Sep 2025 07:00:00 -0500Fifth Circuit Panel Enjoins Removals Under Alien Enemies Act, Holding March 2025 Proclamation Does Not Identify an Invasion or Predatory Incursionhttps://texasappeals.org/2025/09/wmm-v-trump-alien-enemies-act-panel/Mon, 22 Sep 2025 07:00:00 -0500https://texasappeals.org/2025/09/wmm-v-trump-alien-enemies-act-panel/A divided panel held that the President’s fact-findings under the 1798 Act are unreviewable but the statutory labels attached to them are not, and that the findings in Proclamation No. 10903 do not describe an invasion or predatory incursion. Two judges concluded that, on the current record, the Government’s updated seven-day notice satisfies due process; the court remanded for evidence on a sufficient timeframe.Fifth Circuit Holds DACA Final Rule Violates the Immigration and Nationality Act but Limits Relief to Texas and Leaves Forbearance Provisions Intacthttps://texasappeals.org/2025/01/texas-v-united-states-daca-rule/Mon, 20 Jan 2025 07:00:00 -0600https://texasappeals.org/2025/01/texas-v-united-states-daca-rule/The court held that Texas has standing under its earlier decision, that the 2022 DACA rule is materially identical to the 2012 memorandum and substantively violates the INA, and that the district court erred by not severing the rule’s forbearance provisions; it narrowed the injunction to Texas. The stay protecting existing recipients remains in place.