Overview
- A D.C. Circuit panel issued an administrative stay in a 2-1 action, pausing Judge James Boasberg’s Dec. 15–16 contempt hearings tied to March deportations.
- Judges Neomi Rao and Justin Walker stressed the pause is not a ruling on the merits as the court considers the Justice Department’s mandamus petition.
- The appeals court ordered briefing on whether the court can pursue indirect contempt, setting a Jan. 5, 2026 deadline that pushes the inquiry into next year.
- DOJ’s petition seeks to halt the inquiry, reassign the case away from Boasberg for alleged bias, and bar testimony from two senior DOJ officials.
- Boasberg had ordered testimony from Erez Reuveni and Deputy Assistant Attorney General Drew Ensign, as filings identify DHS Secretary Kristi Noem as authorizing the transfers after consultations DOJ says were privileged, and the Supreme Court earlier allowed reliance on the Alien Enemies Act.