A federal judge has reaffirmed his decision to mandate the return of a Guatemalan migrant, identified as O.C.G., to the United States after finding that his deportation lacked due process. U.S. District Court Judge Brian Murphy rejected a motion from the Department of Justice (DOJ) seeking to reconsider his earlier order, which directs the Trump administration to facilitate O.C.G.’s return. The migrant fled Guatemala last year due to persecution and torture and initially sought asylum in March 2024, only to be swiftly deported.
O.C.G. reported being held for ransom and raped in Mexico, as well as targeted for being gay. A U.S. asylum officer later acknowledged his reasonable fear of returning to Guatemala, prompting his detention for his immigration case. However, despite an immigration judge granting him a withholding of removal due to the likelihood of persecution in Guatemala, he was unexpectedly put on a bus to Mexico. He was told by Mexican authorities he could apply for asylum but feared being detained there, leading him to return to Guatemala instead, where he continues to live in fear of his attackers.
Judge Murphy criticized the Trump administration for its handling of O.C.G.’s case, stating that it exemplifies the broader issue of wrongful deportation. This marks the third instance where courts have instructed the administration to return deportees who were improperly removed. Despite the DOJ’s claims that the court’s orders disrupt immigration enforcement, Murphy contended the administration has repeatedly violated court mandates concerning the deportation process, particularly regarding notifying individuals of their rights. Legal representatives argued that the government’s issues are self-inflicted.
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