In April 2025, Judge Boasberg found there was probable cause to initiate criminal contempt proceedings against Trump administration officials. He accused them of willfully disregarding his March 15 order to halt deportation flights under the Alien Enemies Act, even after he directed officials to return planes already airborne carrying Venezuelan migrants to El Salvador.
On August 8, 2025, a divided D.C. Circuit Court of Appeals overturned that contempt finding:
Judges Gregory Katsas and Neomi Rao (both Trump appointees) ruled Boasberg had overstepped judicial authority and intruded on the executive branch’s foreign affairs powers, recommending the contempt proceedings be terminated.
Judge Cornelia Pillard (appointed by Obama) dissented, warning that tolerating defiance of court orders could erode judicial authority.
The appeals court also vacated a separate June ruling by Boasberg that required the Trump administration to ensure due process for the deported Venezuelans. The panel cited a change in circumstances, namely, that the deportees had been returned to Venezuela under a new U.S./Venezuela agreement. The case was remanded for further proceedings.
In essence, the contempt charges Boasberg sought to pursue were effectively dropped when the appeals court nullified his finding, though the legal proceedings themselves may continue in modified form.
