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Samuel Frederick Biery Jr.

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Fred Biery
Chief Judge of the United States District Court for the Western District of Texas
In office
June 1, 2010 – December 31, 2015
Preceded byWalter Scott Smith Jr.
Succeeded byOrlando Luis Garcia
Judge of the United States District Court for the Western District of Texas
Incumbent
Assumed office
March 11, 1994
Appointed byBill Clinton
Preceded bySeat established by 104 Stat. 5089
Personal details
Born (1947-11-11) November 11, 1947 (age 78)
McAllen, Texas, U.S.
EducationTexas Lutheran College (BA)
Southern Methodist University (JD)

Samuel Frederick "Fred" Biery Jr. (born November 11, 1947) is an American lawyer and jurist serving as a United States district judge of the U.S. District Court for the Western District of Texas.[1][2][3] He was appointed in 1994 by President Bill Clinton. He served as a Texas state court judge from 1979 to 1994.

Life and career

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Biery was born on November 11, 1947, in McAllen, Texas. He graduated from Texas Lutheran College in 1970 with a Bachelor of Arts and from Southern Methodist University's Dedman School of Law in 1973 with a Juris Doctor.[1] He served in the United States Army Reserve from 1970 to 1976, where he became an E-4.[1] He was in private practice in San Antonio, Texas, from 1973 to 1978.[1] He was a judge on the County Court 2 of Bexar County, Texas, from 1979 to 1982.[1] He was a judge on the Texas 150th District Court from 1983 to 1988.[1] He was a justice of the Texas Fourth Court of Appeals from 1989 to 1994.

Federal judicial service

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On November 19, 1993, President Bill Clinton nominated Biery to a new seat on the United States District Court for the Western District of Texas created by 104 Stat. 5089.[2] He was confirmed by the United States Senate on March 10, 1994, and received his commission on March 11.[2] Biery served as chief judge from June 1, 2010, to late 2015.[2] On April 29, 2013, his ruling in 35 Bar and Grille LLC, et. al. v. The City of San Antonio gained notoriety for its puns, sexual innuendo and double entendres.[4] On August 20, 2025, Biery enjoined Texas from displaying the Ten Commandments in every classroom despite a state law passed in June.[5][6]

In June 2022, Biery said he does not read opinions handed down from the Fifth Circuit, but he later said that was "courtroom banter".[7]

Notable rulings

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In January 2026, Biery blocked the immediate deportation of five-year-old Liam Conejo Ramos, whose seizure by immigration officers in Minnesota and rapid transport to a detention center in Texas sparked international outrage. Several days later, in a scathing opinion, he also ordered the release of the boy and his father from immigration detention.[8][9][10][11]

References

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  1. ^ a b c d e f "U.S. District Judge Fred Biery". United States District Court for the Western District of Texas. Retrieved 2018-08-21.
  2. ^ a b c d Samuel Frederick Biery Jr. at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
  3. ^ "Samuel Frederick Biery Jr". OpenJurist. Retrieved 2018-08-21.
  4. ^ Easterman, Daniel (May 1, 2013). "The Itsy Bitsy Teeny Weeny Bikini opinion: Texas judge issues world's cheekiest written ruling". The Telegraph (UK). ISSN 0307-1235. Retrieved May 2, 2013.
  5. ^ https://www.houstonpress.com/news/houston-area-school-districts-win-injunction-blocking-ten-commandments-in-classrooms-21091479
  6. ^ https://www.au.org/wp-content/uploads/2025/08/78_Order_granting_Pl_August_20_2025.pdf [bare URL PDF]
  7. ^ Cassens Weiss, Debra (June 14, 2022). "Texas federal judge proclaims that he doesn't read 5th Circuit opinions before second reversal". ABA Journal. Retrieved August 4, 2022.
  8. ^ Conejo Arias v. Noem, Opinion and Order of the Court (District Court, W.D. Texas January 31, 2026).
  9. ^ "US federal judge blocks deportation of five-year-old boy and his father". Guardian. January 27, 2026.
  10. ^ "Judge orders 5-year-old Liam Ramos and his father be released from immigration detention". CNN. January 31, 2026.
  11. ^ "Judge orders release of 5-year-old detained by ICE in Minnesota". Politico. January 31, 2026.
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