Southern District of Texas on Texas Appeals Journalhttps://texasappeals.org/topics/southern-district-of-texas/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 23 Feb 2026 07:00:00 -0600Fifth Circuit Holds Noncitizens Present Without Admission Are Subject to Mandatory Detention Without Bond During Removal Proceedingshttps://texasappeals.org/2026/02/buenrostro-mendez-v-bondi-bond-hearings/Mon, 23 Feb 2026 07:00:00 -0600https://texasappeals.org/2026/02/buenrostro-mendez-v-bondi-bond-hearings/The court held that noncitizens present in the United States without having been admitted are “applicants for admission” who are “seeking admission” under 8 U.S.C. § 1225(b)(2)(A), and so must be detained without bond eligibility while removal proceedings are pending. It reversed two Southern District of Texas orders granting bond hearings. Judge Douglas dissented.Fifth Circuit Vacates Injunction Against Texas Sexually Oriented Performance Law on Standing Grounds, Remands First Amendment Questionhttps://texasappeals.org/2025/11/woodlands-pride-v-paxton-sb-12/Mon, 17 Nov 2025 07:00:00 -0600https://texasappeals.org/2025/11/woodlands-pride-v-paxton-sb-12/The court held that 360 Queen Entertainment established standing to seek an injunction against the Attorney General of Texas under Section One of Senate Bill 12, and that the other plaintiffs did not establish standing against the remaining appellants. It did not decide whether the law violates the First Amendment, remanding for the district court to apply *Moody v. NetChoice*.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.Fifth Circuit Reverses Contempt Fines in Texas Foster Care Case and Orders Reassignment to Another District Judgehttps://texasappeals.org/2024/11/md-v-abbott-foster-care-contempt-reassignment/Mon, 04 Nov 2024 07:00:00 -0600https://texasappeals.org/2024/11/md-v-abbott-foster-care-contempt-reassignment/A Fifth Circuit panel held that $100,000-per-day contempt fines against a Texas Health and Human Services Commission official were a criminal sanction imposed without the required protections and barred by state sovereign immunity, and that the state had substantially complied with the orders at issue. The court also directed that the foster care class action be reassigned to a different district judge.