72 F.4th 83
5th Cir.2023Background
- Plaintiffs (Koppula and Penugonda) sought a preliminary injunction in a suit against USCIS Director Jaddou and State Secretary Blinken; the district court denied the injunction.
- Plaintiffs appealed the denial to the Fifth Circuit.
- While the interlocutory appeal was pending, the district court entered final judgment dismissing plaintiffs’ claims.
- The Fifth Circuit considered whether the pending appeal of the preliminary-injunction denial remained justiciable after dismissal.
- The court concluded that once the district court entered final judgment dismissing the case, the interlocutory appeal of the preliminary-injunction denial was moot because the denial merged into the final judgment.
- The Fifth Circuit therefore dismissed the appeal as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an appeal from denial of a preliminary injunction remains live after the district court enters final judgment dismissing the case | Koppula sought review of the denial and argued the appeal should proceed | Jaddou argued the interlocutory appeal is moot because the denial merged into the final judgment | Appeal dismissed as moot; denial merged into final judgment and cannot be separately appealed |
Key Cases Cited
- Shaffer v. Carter, 252 U.S. 37 (1920) (interlocutory denial merges into final decree)
- Pacific Telephone & Telegraph Co. v. Kuykendall, 265 U.S. 196 (1924) (appeal from interlocutory denial merged in appeal from final decree)
- Harper ex rel. Harper v. Poway Unified Sch. Dist., 549 U.S. 1262 (2007) (restating dismissal of interlocutory appeals as moot after final judgment)
- Capriole v. Uber Techs., Inc., 991 F.3d 339 (1st Cir. 2021) (appeal from preliminary-injunction denial becomes moot when final judgment issues)
- Wagner v. Campuzano, [citation="548 F. App'x 133"] (5th Cir. 2013) (dismissing appeal of preliminary injunction denial after district court entered final judgment)