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DOJ's appeal to SCOTUS was done separately/in addition to its appeal of the original ruling to the 4th Circuit Court of Appeals. Had he not referred it to the full court, DOJ could have appealed it again to another individual justice.

Also, shortly after the stay was released, a decision was issued by a 4th Circuit's three judge panel, which unanimously upheld the lower court's decision. The panel included judges appointed by Reagan, Clinton and Obama. I'm not a mind-reader, but that bodes well for an ultimate decision, as frustrating as this is.
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Supreme Court Pauses Midnight Deadline
CNN, via WTTW (Chicago)

"The Supreme Court on Monday temporarily paused a court-imposed midnight deadline to return Kilmar Armando Abrego Garcia, a Maryland man mistakenly deported to El Salvador, agreeing to a request from President Donald Trump to give both sides more time to make their arguments.

Chief Justice John Roberts granted the “administrative stay” on his own, a move that will extend the deadline until the court hands down a more fulsome decision – probably within a few days. Roberts handles emergency cases rising from the federal appeals court in Richmond, Virginia.

[...]

Appeals Court Declines to Block Order

"The request to the Supreme Court came minutes before a ruling from the 4th U.S. Circuit Court of Appeals denying DOJ’s request to lift the lower-court order.

The panel rejecting the appeal was: Judge Stephanie Thacker, an appointee of former President Barack Obama, Judge Harvie Wilkinson III, an appointee of former President Ronald Reagan, and Judge Robert King, an appointee of former President Bill Clinton."
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