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D.C. Circuit hears arguments on Boasberg contempt inquiry

Published 29 September 2026

The full U.S. Court of Appeals for the D.C. Circuit heard arguments September 29 over whether U.S. District Judge James Boasberg may continue a criminal-contempt inquiry into the Trump administration’s transfer of Venezuelan migrants to El Salvador despite his court order. The court has not ruled, leaving unresolved whether the inquiry can proceed and who, if anyone, was responsible for the alleged violation. The inquiry stems from a March 2025 order directing the government to halt deportation flights and keep the migrants in federal custody. Administration officials proceeded with transfers to Salvadoran custody. Boasberg began examining whether officials knowingly disobeyed his order, but a three-judge appellate panel blocked the inquiry earlier this year. The full appeals court is reconsidering that decision. Justice Department lawyer Brett Shumate urged the full court to end the inquiry, arguing that Boasberg had exceeded a judge’s role by investigating possible criminal conduct and the thinking of senior executive-branch officials.

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