Abrego Garcia v Kristi Noem (Fourth Circuit, No. 25-1404) (Government’s Emergency Motion for Stay Pending Appeal and Petition for Writ of Mandamus)

Excerpt:  “At true minimum, the District Court should have put forward a definition of “facilitate,” before ordering invasive discovery into the Executive Branch. But that court refused to do so, failing to offer any guidance beyond rejecting what Defendants proffered. See ECF 79, at 4-6. That does not work at all. Before going down the road of intrusive discovery into what Defendants have done to date and what they will do in the future, it was incumbent on the District Court to define what they were in fact supposed to do under its order. The alternative leaves a moving discovery target at best, and a blank check for plaintiffs at worst. This Court should grant mandamus and order the District Court to first decide this threshold issue.”