NEWS: The Justice Department is appealing both Wednesday’s order from Chief Judge James Boasberg finding probable cause for criminal contempt in the initial case over President Donald Trump’s Alien Enemies Act proclamation and the April 10 order from Judge Paula Xinis amending her earlier order that the government “facilitate” the return of Kilmar Abrego Garcia from the CECOT prison in El Salvador.*

The appeal of Boasberg’s ruling in the Alien Enemies Act case (J.G.G.) will go to the U.S. Court of Appeals for the D.C. Circuit, while the appeal of the order in Abrego Garcia’s case goes to the U.S. Court of Appeals for the Fourth Circuit.

Both appeals courts earlier rejected DOJ’s requests for stays of, respectively, the underlying TROs in the J.G.G. case and the preliminary injunction in Abrego Garcia’s case.

The U.S. Supreme Court ultimately vacated the March 15 TROs in the J.G.G. case because it held, 5-4, that cases challenging the AEA must be brought as habeas actions — not the Administrative Procedure Act under which Boasberg had issued his orders. At the same time, however, the court was unanimous that individuals must be given notice that they were designated as covered by Trump’s AEA proclamation and provided an actual ability to challenge that designation.

In Abrego Garcia’s case, the U.S. Supreme Court — with no dissents — upheld all of Xinis’s original preliminary injunction that the government “facilitate and effectuate” Abrego Garcia’s return, aside from the deadline that had passed and a requirement that Xinis provide “clarification” of what “effectuate” meant.

Xinis’s April 10 order resulted from that, focused on directing the government to “facilitate” his return.*

Boasberg’s Wednesday order resulted from the Trump administration’s failure to comply with the March 15 TROs.

* = This has been corrected. This report initially noted the wrong order.