OAN Staff Brooke Mallory
1:15 PM – Friday, August 22, 2025
A federal appeals court cleared the way for U.S. District Judge James Boasberg to continue overseeing the fate of hundreds of CECOT illegal aliens deported earlier this year by the Trump administration, according to recent reports.
The ruling by a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit — Judges Gregory Katsas, Neomi Rao, and Justin Walker — was issued earlier this month but took effect for the first time this week.
The decision formally dissolves the emergency stay granted to the Trump administration in June, sending the case back to the lower court for further consideration. Judges cited what they referred to as a new “factual situation” after CECOT detainees were transferred from El Salvador to Venezuela.
The panel also remanded the case to Boasberg to consider the matter in light of the new circumstances. The judges emphasized that they were not ruling on the lower court’s injunction or on the merits of the administration’s appeal.
“Under these circumstances, it would make little sense for this court to review a preliminary injunction that, in all likelihood, has been overtaken by events,” the judges wrote.
They stressed that their decision was based solely on recent developments, namely the transfer of the “CECOT migrant class” to Venezuela under a diplomatic agreement and prisoner exchange with the Nicolas Maduro regime.
The panel observed that the change in circumstances could “alter the appropriateness of injunctive relief,” emphasizing that the transfer “alters the harm experienced by plaintiffs” and may also impact the government’s ability to obtain custody of the illegal aliens — a determination that the court left to the lower court.
“In light of these developments, we find that it is ‘just under the circumstances’ to vacate the order and remand the case to the district court for further proceedings,” the ruling stated.
The case traces back to June, when the appeals court agreed to review Boasberg’s preliminary injunction.
Boasberg had provisionally certified a class of Venezuelan illegal aliens challenging their detention at CECOT, ordering the Trump administration to “facilitate” due process protections, including the opportunity to seek habeas relief and contest the gang affiliation label used to justify their removals under the Alien Enemies Act in March.
However, the GOP administration swiftly appealed, triggering the emergency stay. Despite this, the appeals court ruled that the new circumstances are significant enough to bar further intervention.
While the appeal “raised serious questions about a court’s power to direct the Executive’s diplomatic conduct, we do not reach those questions because of a fundamental change in circumstances,” the judges wrote. “We express no opinion on what kind of class or relief, if any, may be appropriate in light of the changed circumstances.”
The appeals court stated that CECOT plaintiffs would likely need to amend their habeas petitions to reflect the updated circumstances. Some plaintiffs might choose not to proceed if it requires them to submit to the United States’ custody.
The lawsuit is now expected to continue before Boasberg. In July, he ordered the Justice Department back to court to provide details on the location and custodial status of the CECOT illegal aliens following their removal to Venezuela. He also required both parties to submit regular status updates, signaling that the case is far from over.
Boasberg has been at the center of the sweeping immigration case since March 15th, when he issued an emergency order blocking the Trump administration’s use of the 1798 Alien Enemies Act to deport certain illegal aliens to El Salvador.
Stay informed! Receive breaking news alerts directly to your inbox for free. Subscribe here. https://www.oann.com/alerts
What do YOU think? Click here to jump to the comments!Sponsored Content Below