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A federal appeals court panel has temporarily suspended contempt proceedings put forth by U.S. District Judge James Boasberg against the Trump administration regarding deportation flights to El Salvador that occurred last month.
The decision by the U.S. Court of Appeals for the D.C. Circuit aims to provide adequate time for the court to review the government’s appeal, cautioning that it should not be interpreted as a judgment on the merits of the case.
Currently, this ruling stops Boasberg from advancing with his plan to hold administration officials in contempt. Earlier, the judge had identified probable cause for contempt, criticizing the government’s refusal to reverse the March 15 deportation flights as a “willful disregard” for his court order.
The appeals court panel was divided, with a 2-1 vote. Judges Gregory Katsas and Neomi Rao, both appointed by Trump, sided with the administration, while Judge Cornelia Pillard, appointed by former President Obama, expressed dissent.
Pillard stated, “In the absence of an appealable order or any clear and indisputable right to relief that would support mandamus, there is no ground for an administrative stay,” in her dissenting opinion.
Boasberg has been a focal point of criticism from Trump since he issued a ruling last month that blocked the president from utilizing the Alien Enemies Act—a rarely employed law from wartime—allowing for the swift deportation of suspected Venezuelan gang members to a prisoners’ facility in El Salvador.
The Supreme Court recently overturned Boasberg’s order, affirming that migrants must have access to judicial review but requiring that they file legal challenges at their place of detention. Despite the high court’s ruling, Boasberg has sought to advance contempt proceedings due to the effectiveness of his order before it was lifted.
The D.C. Circuit’s decision coincided with Boasberg’s involvement in ongoing disputes over new deportation flights.
The ruling was issued just as Boasberg wrapped up an emergency hearing prompted by a request from the American Civil Liberties Union (ACLU) to prevent what they describe as a new wave of imminent deportations to El Salvador.
During the hearing, Deputy Assistant Attorney General Drew Ensign asserted that no deportation flights were scheduled until Saturday but warned, “I have also been told to say that they reserve the right to remove people tomorrow.”
ACLU attorney Lee Gelernt voiced concerns, stating, “We feel stuck, and I don’t know that the government has provided a satisfactory answer to how we won’t be continuously stuck.”
Boasberg ultimately chose not to intervene, relaying that the Supreme Court ruling limited his authority to act.
“I’m sympathetic to your conundrum. I understand the concern. I think they’re all valid,” he remarked to Gelernt. “But at this point, I just don’t think I have the power to do anything about it.”
The ACLU continues to pursue immediate intervention from the 5th U.S. Circuit Court of Appeals and the Supreme Court.
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