A federal judge in Massachusetts has ordered the Trump administration to take steps to facilitate the return of a Guatemalan immigrant who was improperly deported to Mexico, despite his expressed fears of persecution there.
U.S. District Judge Brian Murphy issued the ruling on Friday, marking the third instance in which the administration has been ordered to “facilitate” the return of an immigrant deemed to have been wrongfully deported. Judge Murphy’s 14-page filing emphasized the “horror” surrounding the removal of the man, identified only as “O.C.G.,” and mandated a report within five days detailing the progress of his return.
“No one has ever suggested that O.C.G. poses any sort of security threat,” wrote Judge Murphy, an appointee of President Joe Biden. “In general, this case presents no special facts or legal circumstances, only the banal horror of a man being wrongfully loaded onto a bus and sent back to a country where he was allegedly just raped and kidnapped.”
Judge Murphy also expressed concern over the circumstances leading to the deportation, noting that the Trump administration initially informed the court that O.C.G. had not raised any concerns about being returned to Mexico, only to later be unable to identify any official with whom the immigrant had such a conversation.
O.C.G. claims he was raped and held hostage in Mexico in April 2024 while traveling to the U.S. Upon entry into the United States, he reported his fears that being returned to Guatemala would lead to persecution. Subsequently, an immigration judge issued a withholding order, preventing his return to Guatemala. However, according to court documents, two days after the withholding order was granted in February, O.C.G. was sent to Mexico. There, he was reportedly given the choice of remaining in detention indefinitely or being returned to Guatemala, opting for the latter and currently remaining in hiding.
Judge Murphy stated in his order that “the public benefits from living in a country where rules are followed and where promises are kept,” referencing the Trump administration’s stated policy against involuntarily returning individuals to countries where they face a substantial risk of torture. He added that “The return of O.C.G. poses a vanishingly small cost to make sure we can still claim to live up to that ideal.”
This is not the first time the Trump administration has been ordered to return a deportee. Notably, the case of Kilmar Abrego Garcia, a Maryland man admittedly “wrongfully deported” to El Salvador and imprisoned due to alleged gang ties, reached the Supreme Court, which ruled that the administration must “facilitate” his return. The White House, however, has maintained that the Salvadoran government is responsible for Abrego Garcia’s return, leaving his situation unresolved. Another similar case involved Daniel Lozano-Camargo, whose deportation to El Salvador was deemed “wrongful” by a federal judge appointed by President Trump, citing a violation of a legal settlement agreement.
Judge Murphy differentiated O.C.G.’s case, noting that the term “facilitate” should carry less complexity in this instance as O.C.G. is not being held by a foreign government, and the defendants have not argued that facilitating his return would be costly or impede government objectives.
The Trump administration’s extensive deportation efforts have been a significant aspect of its agenda, with the president utilizing various legal authorities, including the Alien Enemies Act, to support these policies. Several federal judges, including Judge Murphy in a separate ruling this week concerning deportations to South Sudan, have barred the administration from carrying out certain deportation actions, citing violations of due process and a failure to provide individuals with a reasonable opportunity to raise concerns.
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