19 Apr 2025

Appeals Court Temporarily Halts Contempt Proceeding from Alien Enemies Act Case

by | | 0

The D.C. Circuit Court of Appeals temporarily halted contempt proceedings by federal District Court Judge James Boasberg stemming from mass rendition flights last month by Donald Trump’s regime which used the Alien Enemies Act to send Venezuelan immigrants to the notorious CECOT prison in El Salvador without due process.

The three-judge panel emphasized its temporary order is meant to allow “sufficient opportunity” for it to consider the appeal by the Department of Justice. It “should not be construed in any way as a ruling on the merits of that motion.” The panel split. Judges Gregory Katsas and Neomi Rao, both appointed by Trump, ruled for the DOJ. Judge Cornelia Pillard, who was appointed by former President Obama, dissented, saying “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.”

This puts on hold Boasberg’s investigation into refusal to honor his order to turn around two flights and not launch a third flight to El Salvador on 15 March, which he deems “a willful disregard” of his court order.

Last week the Supreme Court lifted Boasberg’s ruling that those targeted for removal using the Alien Enemies Act must be granted judicial review and unwound Boasberg’s consideration of all of them on the three flights as a class. The Supreme Court ruled that they must file legal challenges individually, where they are detained, and in the form of a habeas corpus petition.

Boasberg continued his contempt proceedings on the grounds that his order should have been honored while it was in effect, before it was lifted by the Supreme Court. Not requiring court orders to be honored unless and until an issue has risen all the way to and through the Supreme Court would lead to chaos.

The Appeals Court order was issued within seconds of the end of a new emergency hearing in front of Boasberg about a request to block another impending mass expulsion or rendition of men from Texas to another country.

Click here for more details.