In Re Cirilo Arrieta, Relators v. the State of Texas

Opinions

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ————————————

No. 08-26-00287-CV ————————————

In re Cirilo Arrieta, et al., Relators

AN ORIGINAL PROCEEDING IN MANDAMUS

M E MO RA N D UM O PI NI O N

Relators Cirilo Arrieta and his intervening family members filed an “Emergency Petition

for Writ of Mandamus and Request for Immediate Temporary Stay of Eviction.” Relators

seemingly make two requests in their petition for writ of mandamus: (1) that this Court vacate an

“unlawful” writ of possession authorized by the trial court; and (2) that we issue a writ of

mandamus compelling the trial court to “vacate all undocumented verbal directives, follow TRCP

18a, and forward the pending Motion for Recusal to the Regional Presiding Judge.” Their

emergency request for relief asks that this Court issue an emergency stay of the writ of possession in the underlying trial court case and that we order the “Precinct 3 Constable to cease all eviction

actions scheduled for July 23, 2026.”

“Mandamus is an extraordinary remedy requiring the relator to show that (1) the trial court

has clearly abused its discretion and (2) the relator lacks an adequate appellate remedy.” In re

Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021) (orig. proceeding) (per curiam).

After reviewing the mandamus petition, we conclude that Relators have not established

that they are entitled to mandamus relief. Accordingly, we deny the petition for writ of mandamus.

See Tex. R. App. P. 52.8(a). We further deny Relators’ emergency motion for temporary relief

under Texas Rule of Appellate Procedure 52 as moot. See In re Alarid, No. 08-26-00132-CV, 2026

WL 911214, at *1 (Tex. App.—El Paso Apr. 2, 2016, orig. proceeding) (mem. op.).

LISA J. SOTO, Justice

July 22, 2026

Before Salas Mendoza, C.J., Palafox and Soto, JJ. Palafox., dissenting