WASHINGTON (AP) 鈥� A federal judge must end his 鈥渋ntrusive鈥� contempt investigation of the Trump administration for failing to comply with an order over flights carrying Venezuelan migrants to El Salvador last year, a divided appeals court panel .
Chief Judge James Boasberg abused his discretion in forging ahead with criminal contempt proceedings stemming from the March 2025 deportation flights, according to the majority opinion by a three-judge panel from U.S. Court of Appeals for the District of Columbia Circuit.
The ruling is the latest twist in a yearlong legal saga that has became a flashpoint in President Donald Trump’s mass deportation campaign. The White House has portrayed Boasberg as a biased judge who overstepped his authority.
Trump鈥檚 administration has a 鈥渃lear and indisputable鈥� right to the termination of the contempt proceedings, Circuit Judge Neomi Rao wrote in the court鈥檚 majority opinion.
鈥淭he legal error at the heart of these criminal contempt proceedings demonstrates why further investigation by the district court is an abuse of discretion,鈥� Rao wrote. 鈥淐riminal contempt is available only for the violation of an order that is clear and specific. (Boasberg’s March 2025 order) did not clearly and specifically bar the government from transferring plaintiffs into Salvadoran custody.鈥�
Lawyers for the deported migrants will ask the full circuit court to review the panel鈥檚 decision, according to plaintiffs’ attorney Lee Gelernt of the American Civil Liberties Union. Gelernt said the majority opinion is 鈥渁 blow to the rule of law.鈥�
鈥淥ur system is built on the executive branch, including the president, respecting court orders. In this case there is no longer any question that the Trump administration willfully violated the court鈥檚 order,鈥� Gelernt said in a statement.
Rao was nominated by Trump, a Republican. Boasberg, chief judge of the district court in Washington, D.C., was nominated by Democratic President Barack Obama.
On March 15, 2025, Boasberg issued a temporary restraining order barring the administration from transferring a group of Venezuelan migrants to El Salvador under After the order was entered, two planeloads of migrants protected by the order departed from the U.S. on their way to El Salvador, where they were locked up in one of the world’s most violent prisons. The administration said then- was responsible for the transfer decision.
Boasberg has said the Trump administration by trying to rush Venezuelan migrants out of the country in defiance of his order. He said he gave the administration 鈥渁mple opportunity to rectify or explain their actions鈥� but concluded that 鈥渘one of their responses has been satisfactory.鈥�
Last year, the Justice Department filed a misconduct complaint accusing Boasberg of making improper public comments about Trump and his administration. Trump has called for impeaching Boasberg. In a rare rebuke, Supreme Court Chief calls for Boasberg’s impeachment.
The case is assigned to Rao and Circuit Judges Justin Walker and J. Michelle Childs. Walker, also a Trump nominee, wrote a separate opinion concurring with Rao’s. Childs, who was nominated by Democratic President Joe Biden, dissented from the majority.
Childs said the court’s majority has trampled on Boasberg’s authority 鈥渋n a way that will affect not only these contempt proceedings but will also echo in future proceedings against all litigants.鈥�
鈥淣ow, any litigant can argue, based on their preferred interpretation of a court鈥檚 order, that they did not commit contempt before contempt findings are even made,鈥� Childs wrote in her 80-page dissent.
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