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The U.S. DC Circuit Court of Appeals ruled 2-1 on Friday, finding that US District Judge James Boasberg could not advance the possibility of a lightly empty lawsuit against the Trump administration.
The lawsuit includes a suspicious regime violation of an emergency court order that prevented the administration from using the 1798 law to immediately banish hundreds of Venezuelan immigrants to El Salvador.
Jury Gregory Cassas and Neomi Rao, two Trump appointees and the majority democratic bench appointees, tasted the Trump administration on Friday.
Obama’s appointee, Judge Nina Pillard, disagreed.
The 2-1 decision is almost certain to be appealed to the full court so that the majority of Democrats benches are deemed more advantageous to the plaintiffs or are heard directly in the Supreme Court for review.
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“The district court here has been in a very difficult position,” Cassas said Friday.
“In the face of an emergency, within hours we had to digest and control novel and complex issues. In that context, the court issued quite a few written orders with ambiguity.”
Cassas noted that the appeals court’s ruling was not focused on the legality of rescue in March of Trump’s alien enemy law.
“We cannot decide whether or not the active implementation of the government’s presidential declaration will guarantee praise or criticism as a policy issue,” he added. “Maybe it should ensure a more careful judicial scrutiny in the future, perhaps already.”
“Nevertheless, the initial implementation of the government’s declaration was clearly and undoubtedly not a crime.”
President Donald Trump speaks before he is sworn as U.S. Attorney General, as Supreme Court Judge Clarence Thomas, who is in the Oval Office of the White House in Washington, DC, on February 5, 2025, as Pam Bondy, who sees the right thing. (via Andrew Caballero-Reynolds/AFP Getty Images)
The ruling comes months after Boasberg originally found a basis for proceeding to the potentially light empt process of the suit.
This is because Boasberg ordered an ongoing status update regarding the location and storage status of 252 CECOT class immigrants after being expelled from El Salvador to Venezuela last month as part of a US-Venezuelan prisoner exchange.
It is unknown how many of these immigrants had pending asylum applications in the United States or have been granted “withholding of removal” to block their return to their country of origin.
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The much-anticipated ruling comes months after Boasberg issued a late-night temporary restraining order on March 15 that blocked the Trump administration’s use of alien enemy laws to immediately deport certain migrants to El Salvador, and then determined that the court found a possible cause for a criminal cont crime lawsuit.
Boasberg had also ordered that all immigrants be “returned immediately” into the soil of the United States, but that didn’t happen.
Despite the orders, hundreds of migrants were deported to Salvador prison in Secott in March, where they remained late last month when they were sent from El Salvador prison to Venezuela as part of a prisoner exchange.
Boasbeg said in April that there was a “presumed cause” that would move into a criminally contempt lawsuit against the Trump administration for failing to return the plane to US soil, and the court ruled that the Trump administration had “deliberately ignored” his orders.
The appeals court granted the Trump administration’s request for emergency stay in the ruling several months ago, prompting questions about why they didn’t move the motion more quickly.
Court of Appeals filed immigration lawsuit blocking Trump administrator’s deportation flights on alien enemies
James Boasberg, incoming judge of the US District Court in Washington, DC (Valerie Press/Bloomberg via Getty) on Monday, March 13, 2023.
Still, this decision is almost certain to be heard throughout the circuit court for review or go directly to the Supreme Court.
For months, the Trump administration has been modest to judges who have prevented the president’s executive order from coming to power.
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Boasberg, in particular, has emerged as one of Trump’s biggest enemies. Last month, the court attempted to take him away from the supervision of the case and have him reassign him to another case. The long-term efforts proposed by legal experts and former judges are unlikely to go far.
This is a broken news story. Please check for updates.
Breanne Deppisch is a national political reporter for Fox News Digital, covering the Trump administration, focusing on the Department of Justice, the FBI and other national news.
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