A federal judge has upheld his ruling mandating the return of a Guatemalan migrant, identified as O.C.G., to the United States after determining that his deportation lacked due process. U.S. District Court Judge Brian Murphy denied a motion from the Department of Justice (DOJ) seeking to overturn his previous decision, which instructed the Trump administration to facilitate O.C.G.’s return. The migrant fled Guatemala due to persecution and torture, initially seeking asylum in the U.S. in March 2024 but was quickly deported. Following another attempt to seek asylum, he faced horrific experiences in Mexico, including kidnapping and sexual assault.
In May 2024, a U.S. asylum officer acknowledged O.C.G. had a reasonable fear of returning to Guatemala, and he was placed in immigration custody. Despite a judge’s determination that he faced likely persecution if returned, O.C.G. was mistakenly sent to Mexico without notice. Mexican authorities suggested he apply for asylum there, but fearing further imprisonment and violence, he returned to Guatemala, feeling he had no safe options.
Judge Murphy characterized O.C.G.’s situation as a “banal horror,” reflecting a broader issue in the administration’s handling of deportations, with Murphy noting that this case is not an isolated incident. This ruling marks the third occasion that courts have directed the Trump administration to reinstate improperly deported individuals. The DOJ has objected to the ruling, stating that it complicates the execution of immigration laws, while the Department of Homeland Security asserts O.C.G. was improperly removed. The judge criticized the government for failing to follow court orders requiring proper notice and opportunities for individuals to raise their claims before deportation.
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