Full D.C. Circuit Hears DOJ's Bid to Block Judge Boasberg's Criminal Contempt Probe Over the El Salvador Deportations; No Ruling

Courthouse News reported that the Justice Department urged the full D.C. Circuit on Tuesday to block a federal judge from continuing a criminal contempt probe regarding the government’s willful noncompliance with a March 2025 order to return 137 Venezuelan migrants summarily deported to El Salvador. The court held three hours of arguments. No ruling was reported.

Justice Department attorney Brett Shumate argued that Chief U.S. District Judge James Boasberg had “gone off the rails” by taking an investigative role in his effort to determine who else could be held in contempt beyond former-Secretary of Homeland Security Kristi Noem, whom the government offered as the primary decision maker. Shumate described the government’s position as an effort to prevent a further “clash between the branches” of government.

Judge Millett said: “The separation of powers is going to run two ways here.” Gelernt, arguing for the plaintiffs, said: “If you don’t uphold what this district court did, it’s going to send a horrible message, not just to the districts court in this district.” The original appellate decision blocking the probe was a 2-1 decision.

The earlier stages are at 2026-04-14–dc-circuit-mandamus-kills-boasberg-contempt-inquiry-blanche-bove and 2026-06-01–boasberg-contempt-stalled-bove-confirmed-third-circuit.