A federal appeals court ruled Wednesday that Border Patrol Cmdr. Gregory Bovino does not have to appear daily in court to brief a federal judge on the latest uses of force in “Operation Midway Blitz” — at least for now.

The ruling from the 7th U.S. Circuit Court of Appeals came less than two hours before Bovino was set to appear before U.S. District Judge Sara Ellis, who told him Tuesday to come in each weekday at 5:45 p.m. until at least Nov. 5 to address ongoing immigration enforcement actions.

On Wednesday afternoon, lawyers for the Department of Justice filed an emergency motion asking the 7th Circuit to stay Ellis’ order, saying it “significantly interferes with the quintessentially executive function of ensuring the Nation’s immigration laws are properly enforced by waylaying a s

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