The federal government was awarded an emergency stay in discovery proceedings by the U.S. Court of Appeals for the Second Circuit Friday, as it prepares to file a writ of mandamus in a pair of suits over President Donald Trump’s decision, announced last month in an executive order, to end the Deferred Action for Childhood Arrivals program last month.
The order in In Re: Elaine Duke 17-3345 was issued by Circuit Judge José Cabranes, ahead of a three-judge panel's consideration of the as-of-yet unfiled mandamus request. The government has until Monday afternoon to file papers.
The move by the U.S. Department of Justice is the latest in a series of pushbacks against a pair of lawsuits in the U.S. District Court for the Eastern District of New York. The plaintiffs—a private individual, Martin Jonathan Batalla Vidal in Batalla Vidal v. Baran, 16-cv-04756, and a host of state attorneys general, led by New York AG Eric Schneiderman in State of New York v. Trump, 17-cv-05228—have moved forward with discovery in the parallel suits, overseen by U.S. District Judge Nicholas Garaufis and Magistrate Judge James Orenstein.
Even as the government sought a stay from the appellate court Thursday, Orenstein and Garaufis, in separate orders the same day, pushed discovery forward in the suits.
|