On April 14, 2026, the D.C. Circuit Court of Appeals ruled 2-1 to terminate Chief Judge Boasberg's criminal contempt inquiry into Trump administration officials who defied a court order by deporting 137 Venezuelan men to El Salvador's CECOT mega-prison in March 2025.
The majority — both Trump appointees (Judges Neomi Rao and Justin Walker) — ordered Boasberg to halt all contempt proceedings via an extraordinary writ of mandamus. Judge Rao, who has now granted the Trump administration relief from this inquiry four separate times in 13 months, called the probe a “judicial intrusion into the autonomy of a co-equal department.”
Biden-appointee Judge J. Michelle Childs wrote an 80-page dissent: “Contempt of court is a public offense, and the fate of our democratic republic will depend on whether we treat it as such.” She warned: “Now, any litigant can argue, based on their preferred interpretation of a court's order, that they did not commit contempt before contempt findings are even made.”
The backstory: In March 2025, Trump invoked the Alien Enemies Act of 1798 to deport Venezuelans he claimed were gang members. Boasberg issued a TRO. During the hearing, DOJ lawyer Drew Ensign could not confirm whether flights were planned — then plaintiffs' lawyers informed the court that two flights had already taken off. The administration continued anyway, sending 137 men to CECOT. CBS News later found most lacked criminal records. A DOJ whistleblower released documents suggesting Ensign knew about the flights when he told the court he was unaware.
The ACLU's Lee Gelernt: “The opinion is a blow to the rule of law. Our system is built on the executive branch respecting court orders.” The ACLU plans to petition the full D.C. Circuit for en banc review.
Update (September 29, 2026): the full D.C. Circuit vacated the April panel decision, agreed to rehear the case, and heard about three hours of argument on September 29, Courthouse News reported. Several judges appeared receptive to letting Boasberg's inquiry continue. Judge Patricia Millett: “The separation of powers runs two ways here, it can't be your tiebreaker.” Judges Neomi Rao and Gregory Katsas were skeptical. The Justice Department's Brett Shumate argued Boasberg had “gone off the rails.” In August, 204 former judges filed a brief supporting the inquiry, Newsweek reported. Kristi Noem, who oversaw the flights as Homeland Security secretary, has not been charged, and no ruling has issued.