Lol, just skimmed over this. Obama's executive order doesn't have anything to do with this case. It doesn't even sound like the defendant here raised the issue of the new policy in the case. The judge just on his own initiative asked the parties to brief the issue of whether Obama's immigration actions were relevant to the case.
This judge be trollin'. This won't have any impact on anything.
For those who don't understand this -- judges in practice as narrowly as possible. Nobody questions whether aliens violating criminal laws are to be deported.