A federal appeals court on Monday took Judge Boasberg to task and delayed his contempt hearings until 2026.
In March Boasberg granted a temporary restraining order (TRO) to stop the Trump administration from deporting thousands of Venezuelan nationals believed to be members of Tren de Aragua (TdA) gang under the Alien Enemies Act.
Boasberg then threatened to hold Trump officials in contempt for not bringing some of the world’s most vicious killers, criminals, and rapists back to the United States.
Judge Boasberg said he found probable cause to hold the Trump Administration in criminal contempt of court for defying his order to turn around planes carrying dangerous Venezuelan gang members.
In a 46-page opinion, Judge Boasberg said the Trump Administration showed willful defiance that amounts to criminal contempt.
Boasberg recently took the next step toward ‘contempt prosecution’ after he revived his criminal contempt inquiry against President Trump over Alien Enemies Act deportations.
Last month the Justice Department disclosed that DHS Secretary Kristi Noem greenlit the deportation flights in March despite Boasberg’s emergency order.
Last Monday, Boasberg said it was “premature” to recommend criminal prosecution of Noem but he demanded the two top DOJ lawyers involved in the deportations to appear for testimony this week.
However, the DC Circuit Court of Appeals on Friday afternoon temporarily halted Judge Boasberg’s contempt hearings in the Alien Enemies Act deportations case scheduled for next week.
Earlier Friday, Judge James Boasberg made it clear that he was not backing off from his planned contempt hearings and threatened to pierce through the attorney-client privilege in his order denying the government’s motion to reconsider.
Later Friday, a three-judge panel on the DC Circuit Court of Appeals temporarily halted Boasberg’s contempt hearings.
Judges Rao (Trump), Walker (Trump) previously granted an administrative stay pending further order of the court.
On Monday, DC Circuit Judges Rao and Walker wanted to know if Judge Boasberg even has the power to investigate contempt or if the Justice Department only has that power.
“On what legal basis may a district court (1) investigate possible grounds for indirect contempt and (2) delay a referral for prosecution until it finds probable cause that indirect contempt occurred?” the judges wrote.
The Circuit Judges also delayed the contempt hearings until at least January 2026.
Judges Rao/Walker have iced Judge Boasberg’s contempt hearings until at least the New Year. And they want to know whether he has the power to investigate contempt at all or must refer it to DOJ. https://t.co/WGJrFpCSzU pic.twitter.com/mSJr0LiUT9
— Kyle Cheney (@kyledcheney) December 15, 2025
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