RAO, Circuit Judge: More than a year ago, the President
invoked the Alien Enemies Act against members of Tren de
Aragua, a Venezuelan criminal gang and foreign terrorist
organization, and ordered that they be detained and removed
from the United States. In a series of fast-moving events on
March 15, 2025, the government placed a group of alleged
gang members, including plaintiffs in this case, on planes to El
Salvador. After the planes took off and left the country, the
district court ordered the government not to remove the
plaintiffs from the United States.
The Supreme Court vacated the district court’s order
because it was premised on a legal error and the plaintiffs’ suit
was brought in the wrong court. Nonetheless, the district court
threatened to hold government officials in criminal contempt
unless they complied with the now-vacated order by, for
instance, taking back custody of the plaintiffs. We issued a writ
of mandamus vacating the court’s first contempt order.