el salvador last year

WASHINGTON — A federal judge must end his “intrusive” contempt investigation of the Trump administration for failing to comply with an order to turn around planes carrying Venezuelan migrants to El Salvador last year, a divided appeals court panel ruled Tuesday.

Chief Judge James Boasberg abused his discretion in forging ahead with criminal contempt proceedings over the March 2025 deportation flights, according to the majority opinion by a three-judge panel from U.S. Court of Appeals for the District of Columbia Circuit.

President Trump’s administration has a “clear and indisputable” right to the termination of the contempt proceedings, Circuit Judge Neomi Rao wrote in the court’s majority opinion.

“The legal error at the heart of these criminal contempt proceedings demonstrates why further investigation by the district court is an abuse of discretion,” Rao wrote. “Criminal contempt is available only for the violation of an order that is clear and specific. (Boasberg’s March 2025 order) did not clearly and specifically bar the government from transferring plaintiffs into Salvadoran custody.”

Rao was nominated by Trump, a Republican. Boasberg, chief judge of the district court in Washington, D.C., was nominated by Democratic President Barack Obama.

On March 15, 2025, two planes transporting Venezuelan migrants from the U.S. to El Salvador were in the air when Boasberg ordered the administration to turn them around.

Administration officials claim Boasberg is biased and overstepped his authority.

Boasberg has said the Trump administration may have acted in bad faith by trying to rush Venezuelan migrants out of the country in defiance of his order blocking their deportations to El Salvador. In an April 16, 2025 order, the judge said he gave the administration “ample opportunity to rectify or explain their actions” but concluded that “none of their responses has been satisfactory.”

Trump has called for impeaching Boasberg. Last year, the Justice Department filed a misconduct complaint accusing Boasberg of making improper public comments about Trump and his administration. Supreme Court Chief Justice John Roberts publicly rejected calls for Boasberg’s impeachment.

The case is assigned to Rao and Circuit Judges Justin Walker and J. Michelle Childs. Walker, also a Trump nominee, wrote a separate opinion concurring with Roa’s. Childs, who was nominated by Democratic President Joe Biden, dissented from the majority.

Kunzelman writes for the Associated Press.

U.S. government attorneys on Tuesday told a federal judge the Department of Homeland Security still intends to deport Kilmar Abrego Garcia to Liberia, despite a new agreement with Costa Rica to accept deportees who cannot legally be returned to their home countries.

The Salvadoran national’s case has become a focal point in the immigration debate after he was mistakenly deported to El Salvador last year. Since his return, he has been fighting a second deportation to a series of African countries proposed by Homeland Security officials.

U.S. District Judge Paula Xinis, of Maryland, previously barred U.S. Immigration and Customs Enforcement from deporting him or detaining him. She has written that the agency has no viable plan to actually deport Abrego Garcia, referring in February to “one empty threat after another to remove him to countries in Africa with no real chance of success.”

Abrego Garcia has argued that if he is going to be deported, it should be to Costa Rica, which previously agreed to accept him. But Todd Lyons, the acting head of U.S. Customs and Immigration Enforcement, said in a March memo that deporting Abrego Garcia to Costa Rica would be “prejudicial to the United States.” Abrego Garcia should be sent to Liberia because the U.S. has spent government resources and political capital negotiating with the West African nation to accept third-country nationals, Lyons wrote.

At a Tuesday hearing in Xinis’ court, Ernesto Molina, director of the Department of Justice’s Office of Immigration Litigation, suggested that Abrego Garcia could “remove himself” to Costa Rica.

Xinis pointed out that the Justice Department is prosecuting him in Tennessee on human smuggling charges. She called it a “fantasy” to say that he can remove himself anywhere while the criminal case is pending. Xinis set a schedule for a briefing on the matter and scheduled a new hearing for April 28.

Abrego Garcia, 30, has an American wife and child and has lived in Maryland for years, but he immigrated to the U.S. illegally as a teenager. In 2019, an immigration judge ruled that he could not be deported to El Salvador because he faced danger there from a gang that had threatened his family. By mistake, he was deported there anyway last year.

Facing public pressure and a court order, President Trump’s administration brought him back in June, but only after securing an indictment charging him with human smuggling in Tennessee. He has pleaded not guilty and asked the judge to dismiss that case.

Loller writes for the Associated Press.