Samuel Frederick Biery Jr.
American federal judge (born 1947)
From Wikipedia, the free encyclopedia
Samuel Frederick "Fred" Biery Jr. (born 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.
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 by | Walter Scott Smith Jr. |
| Succeeded by | Orlando Luis Garcia |
| Judge of the United States District Court for the Western District of Texas | |
| Assumed office March 11, 1994 | |
| Appointed by | Bill Clinton |
| Preceded by | Seat established by 104 Stat. 5089 |
| Personal details | |
| Born | 1947 (age 78–79) McAllen, Texas, U.S. |
| Education | Texas Lutheran College (BA) Southern Methodist University (JD) |
Early life and education
Biery was born in 1947, in McAllen, Texas, United States.[1]
He received a Bachelor of Arts degree from Texas Lutheran College in 1970 and a Juris Doctor degree from Southern Methodist University in 1973.[1] He served in the United States Army Reserve from 1970 to 1976, where he became an E-4.[1]
Legal career
Biery was in private practice in San Antonio, Texas, from 1973 to 1978. He served as judges of the County Court 2 of Bexar County, Texas, from 1979 to 1982, of the Texas 150th District Court from 1983 to 1988, and of the Texas Fourth Court of Appeals from 1989 to 1994.[1]
Federal judicial service
On November 19, 1993, United States 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] Judge Biery is known for his witty and entertaining opinions. San Antonio Lawyer Magazine has called him "a judge with a little extra to say."[4] 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.[5] On August 20, 2025, Biery enjoined Texas from displaying the Ten Commandments in every classroom despite a state law passed in June.[6][7]
In June 2022, Biery said he does not read opinions handed down from the Fifth Circuit, but he later said that was "courtroom banter".[8]
Notable rulings
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.[9][10][11][12]