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LIT-1841: Abrego Garcia v. Noem, Order Granting Expedited Discovery (D. Md., ECF No. 79)

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StatusActive — read 2026-10-29 (NOTE-1417) in full, from CourtListener's RECAP copy of the filed order (https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.79.0.pdf); worth reading as the district court's first reasoned answer, on remand from the Supreme Court's order of 10 April 2025, to the government's account of what it could do: it fixes "facilitate" as taking the steps available toward release from El Salvador's custody, measures it against the government's own past practice of facilitated returns, finds that the government has shown no step at all, and opens discovery into what was done, what will be done and who authorizes the detention. Read it knowing that it is an eight-page discovery order, not a ruling on contempt or on whether return was possible; that its facts are the record of four days; and that what the discovery produced, and everything after it on the docket, is not read here.
Version2
Tagssociety-and-governance
ExtendsLIT-1606 — Noem v. Abrego Garcia
Cited as “paper” byNOTE-1417 — Abrego Garcia v. Noem — Order granting expedited discovery

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United States District Court for the District of Maryland (2025). Abrego Garcia v. Noem, Civil Action No. 8:25-cv-00951-PX, ECF No. 79, Order Granting Expedited Discovery (15 April 2025) (Xinis, J.).

Read in full on 2026-10-29 (NOTE-1417).

Why this is here

The triage of 2026-10-29 put the remand in the File tier for QUESTION-279, which asks what would license an institution’s “we cannot” and whether a court must accept it; for CLAIM-457, on what “facilitate” asks of one member of a two-state arrangement; and for CASE-175. The Supreme Court’s order (LIT-1606, NOTE-1376) asked the government to “share what it can concerning the steps it has taken and the prospect of further steps”, and NOTE-1376 left open what the remand made of it. The owner asked for one ruling, not the docket. This is the order in which the district court gives its reasons for not taking the government’s account on its say-so, and in which the inquiry into the claimed inability begins.

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