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Appeals Court Weighs Fate of Judge’s Contempt Probe over Trump Administration Deportation Flights

The judges are revisiting whether Boasberg can probe possible defiance of his order after the panel’s 2-1 ruling blocked the inquiry.

  • On Tuesday, the Justice Department urged the U.S. Court of Appeals for the D.C. Circuit to terminate District Court Chief Judge James Boasberg's criminal contempt probe into the Trump administration's alleged willful noncompliance with a judicial order blocking deportation flights.
  • This case stems from the 2025 deportation of 137 Venezuelan migrants to El Salvador under an 18th-century law, which occurred despite Boasberg's order to stop the transfers.
  • American Civil Liberties Union attorney Lee Gelernt argued the government's decision to ignore Boasberg's order had "devastating consequences," warning that failing to uphold judicial authority undermines the legal system.
  • Justice Department attorney Brett Shumate told the court the probe was "unlawful, unnecessary, and futile," arguing the judge overstepped by investigating executive branch decision-making.
  • Appeals court judges questioned the government's stance, with some suggesting Boasberg properly used his authority to investigate defiance of court orders, though the panel did not indicate when it would rule.
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El Pais broke the news in Madrid, Spain on Tuesday, September 29, 2026.
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