A divided federal appeals court panel on Friday temporarily halted U.S. District Judge James Boasberg’s contempt proceedings against the Trump administration over its deportation flights to El Salvador last month.
The U.S. Court of Appeals for the D.C. Circuit indicated its order is intended to provide “sufficient opportunity” for the court to consider the government’s appeal and “should not be construed in any way as a ruling on the merits of that motion.”
But for now, it prevents Boasberg from moving ahead with his efforts to hold administration officials in contempt. The judge on Wednesday found probable cause for contempt, calling the government’s refusal to turn around the March 15 deportation flights “a willful disregard” for the court’s order.
The three-judge D.C. Circuit panel split 2-1. The two Trump appointees, Judges Gregory Katsas and Neomi Rao, ruled for the administration. Judge Cornelia Pillard, an appointee of former President Obama, dissented.
“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,” Pillard wrote in a brief explanation.
Boasberg, an Obama appointee, has drawn Trump’s ire ever since the judge last month blocked the president from using the Alien Enemies Act, a rarely used, wartime law, to swiftly deport alleged Venezuelan gang members to an El Salvador megaprison.
Last week, the Supreme Court lifted the judge’s order, ruling the migrants must be afforded judicial review but that they need to file their legal challenges where they are physically detained. Boasberg has still endeavored to press ahead with contempt proceedings, since his order was in effect for some time before the high court lifted it.
And the D.C. Circuit’s ruling on Friday came just as Boasberg was thrust back into a new deportation flight battle.
The ruling landed within seconds of Boasberg wrapping an emergency hearing on a request from the American Civil Liberties Union to block what it says is a new, imminent wave of deportations to El Salvador.
At the hearing, Deputy Assistant Attorney General Drew Ensign insisted no flights are planned through Saturday but cautioned, “I have also been told to say that they reserve the right to remove people tomorrow."
“We feel stuck, and I don't know that the government has provided a satisfactory answer to how we won't be continuously stuck,” responded Lee Gelernt, an ACLU attorney.
Boasberg declined to intervene, saying the Supreme Court’s ruling meant he had no authority to step in.
“I’m sympathetic to your conundrum. I understand the concern. I think they're all valid,” Boasberg told Gelernt. “But at this point, I just don't think I have the power to do anything about it.”
The ACLU still has pending requests with the 5th U.S. Circuit Court of Appeals and the Supreme Court for an immediate intervention.
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