Full appeals court to hear arguments over contempt inquiry into CECOT deportations

The U.S. Court of Appeals for the D.C. Circuit has decided to hear arguments regarding a federal judge’s attempt to hold the Trump administration in contempt for deporting over a hundred Venezuelans to El Salvador’s CECOT mega-prison last year. The full court will consider the appeal en banc on Sept. 29.

Earlier this year, a divided panel of judges on the same court halted a criminal contempt inquiry into former DHS Secretary Kristi Noem and other officials involved in the deportations. U.S. District Judge James Boasberg had found “probable cause” to hold the government in contempt.

In March 2025, the Trump administration used the Alien Enemies Act, an 18th-century wartime authority, to deport alleged members of the Venezuelan gang Tren de Aragua to the CECOT mega-prison in El Salvador. They argued that the gang was a “hybrid criminal state” invading the United States.

Boasberg issued a temporary restraining order to stop the deportations, but the Justice Department claimed his instructions were flawed, and the deportations continued as planned. The Venezuelan nationals were eventually released in a prisoner swap last July.

The upcoming en banc hearing will provide an opportunity for a thorough review of the case and determine the legality of the government’s actions. Stay tuned for updates on this important legal battle.