Case: 22-50971 Document: 00516797326 Page: 1 Date Filed: 06/23/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
____________ FILED
June 23, 2023
No. 22-50971
Lyle W. Cayce
____________ Clerk
Sachindra Kanna Koppula; Sindhu Penugonda,
Plaintiffs—Appellants,
versus
Ur M. Jaddou, Director of U.S. Citizenship and Immigration Services;
Antony Blinken, Secretary, U.S. Department of State,
Defendants—Appellees.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:22-CV-844
______________________________
Before Elrod, Ho, and Wilson, Circuit Judges.
James C. Ho, Circuit Judge:
This is an appeal from the denial of a preliminary injunction. Koppula
v. Jaddou, No. 1:22-CV-844-RP,
2022 WL 18034367
(W.D. Tex. Nov. 2,
2022). While this appeal was pending, the district court subsequently
dismissed Plaintiffs’ claims. Koppula v. Jaddou, No. 1:22-CV-844-RP,
2023
WL 3470904
(W.D. Tex. May 15, 2023). Accordingly, we must dismiss this
appeal as moot. After all, there is no need for a preliminary injunction to
preserve the status quo during the pendency of trial court proceedings that
are now over.
Case: 22-50971 Document: 00516797326 Page: 2 Date Filed: 06/23/2023
No. 22-50971
A denial of permanent relief moots the appeal from a denial of
preliminary relief. We have previously affirmed this principle in an
unpublished opinion. See Wagner v. Campuzano,
548 F. App’x 133, 134
(5th
Cir. 2013) (“[D]uring the pendency of [Plaintiff’s] appeal, the district court
entered a final judgment dismissing [Plaintiff’s] . . . complaint . . . .
Accordingly, the instant appeal, which challenges only the denial of
preliminary injunctive relief, is dismissed for lack of jurisdiction as moot.”).
Our sister circuit has likewise held “that an appeal from the denial of a
preliminary injunction motion becomes moot when final judgment issues
because the district court’s denial of the motion merges with the final
judgment.” Capriole v. Uber Technologies, Inc.,
(1st Cir.
2021).
The Supreme Court reached this same conclusion over a century ago.
It explained that, when a district court denies preliminary injunctive relief
and then dismisses the case, the losing party can only appeal the dismissal:
An application for an interlocutory injunction . . . was denied . . . . The
decree . . . dismissed the action. Plaintiff . . . appealed . . . from the
refusal of the temporary injunction. Shortly afterwards he took an
appeal . . . from the . . . final decree dismissing the action. The latter
appeal is in accord with correct practice, since the denial of the
interlocutory application was merged in the final decree. The first
appeal . . . will be dismissed.
Shaffer v. Carter,
(1924) (“After the denial
of the temporary injunction, the District Judge heard the case on a motion to
dismiss . . . and granted the motion . . . . [T]he appeal from the interlocutory
decree . . . was merged in the appeal from the final decree . . . and therefore
should be dismissed.”).
The Court recently restated this conclusion in terms of mootness:
2
Case: 22-50971 Document: 00516797326 Page: 3 Date Filed: 06/23/2023
No. 22-50971
[Plaintiff] seeks review of the judgment . . . affirm[ing] the district
court’s denial of [Plaintiff’s] motion for a preliminary injunction. The
district court . . . has now entered final judgment dismissing
[Plaintiff’s] claims . . . . We have previously dismissed interlocutory
appeals from the denials of motions for temporary injunctions once
final judgment has been entered. . . . [T]he case is remanded . . . with
instructions to dismiss the appeal as moot.
Harper ex rel. Harper v. Poway Unified School District,
549 U.S. 1262, 1262
(2007) (citing Pacific Telephone, 265 U.S. at 205–6, and Shaffer,
