Federal Judge to Move Forward With Criminal Contempt Inquiry Over Deportation Flights

An appeals court paused the inquiry earlier this year, but said on Nov. 14 it he could proceed.

James Boasberg, chief judge of the U.S. District Court for the District of Columbia, at the American Board Association Spring Antitrust Meeting in Washington on April 2, 2025. Drew Angerer/AFP via Getty Images

A federal judge said on Nov. 19 that he intends to move ahead with a criminal contempt-of-court inquiry to find out why government officials ignored his order halting the deportation of a group of illegal immigrants to El Salvador earlier this year.

“I certainly intend to find out what happened on that day,” U.S. District Judge James Boasberg said during a hearing on Wednesday.

He gave both attorneys representing the deportees and the government until Monday to submit advice on how he should proceed, including which witnesses should appear before the court.

Boasberg told the court on Wednesday that he wants to know exactly which government officials were responsible for defying his order.

In March, Boasberg ordered that three plane loads of illegal immigrants—being deported under the Alien Enemies Act—were not to go to El Salvador’s CECOT terrorist detainment center.

The flight plans were not halted.

This prompted Boasberg’s original contempt inquiry in April, which, in August, was temporarily vacated by the U.S Court of Appeals for the D.C. Circuit.

After months of deliberation, a wider panel of judges issued an order on Nov. 14, saying he could carry on with his contempt inquiry.

“The district court remains free to require the government to identify the decision makers who directed the potentially contemptuous actions and to carefully consider next steps,” the order said.

Tiberius Davis, arguing for the Department of Justice, on Wednesday objected to Boasberg’s decision, noting that the Supreme Court itself overturned the judge’s previous orders.

“I will be going forward with it,” Boasberg said.

The matter arises from a suit filed by Venezuelan illegal immigrants accused by the federal government of being members of the Tren de Aragua gang, which the State Department designated as a foreign terrorist group in February.

The lead plaintiff, identified only by the initials J.G.G., protests that he is not a member of the gang.

According to the suit, he fled Venezuela after being beaten and tortured by state police.

Several of the plaintiffs, including Andry Jose Hernandez Romero, had sought political asylum in the United States following mistreatment by the Venezuelan regime.

Romero said he faced persecution in his native country over his sexual orientation, and because he refused “to promote government propaganda,” according to a court filing.

He and the other plaintiffs in the case were released in July as part of a prisoner swap and sent to Venezuela; their legal challenge against deportation is ongoing.

Meanwhile, Boasberg faces calls for impeachment, following revelations that he allowed the DOJ under Jack Smith to subpoena phone records for members of Congress, while signing an order keeping those subpoenas secret.