A federal judge doubled his decision ordering the return of a Guatemalan migrant to the United States after it was discovered that his deportation lacked due process.
On Monday, the judge of the United States District Court Brian Murphy, in Massachusetts, denied a motion from the Department of Justice asking the court to reconsider an order issued on Friday, instructing the administration of President Donald Trump “to take all immediate measures to facilitate” the return of the migrant to the United States.
Identified only as OG, the migrant said in a judicial statement that last year fled from his country, where he endured persecution and torture. First he tried to look for asylum in the United States in March 2024, but was quickly deported to Guatemala. A month later, he tried to look for asylum in the United States again.
While heading north, in Mexico he was retained by rescue, raped and attacked by being gay, according to the judicial statement of the migrant. In May 2024, an asylum officer from the United States determined that OCG “had a reasonable fear of returning to Guatemala and was taken to immigration custody to see his case.
In February, an immigration judge determined that OCG would probably be pursued if he is deported to his native Guatemala, and granted him a retention of elimination, as shown in the judicial records. Instead, it was placed on a bus to Mexico a few days later, without prior notice.
The Mexican authorities told OCG that he could request asylum in Mexico, but they told him that “he would be locked during the months he took a decision or could accept that they take me back to Guatemala,” says his statement. Fearful to request asylum in Mexico after what he experienced there, Og chose to return to Guatemala. “I had no safe options,” he said.
In another sealed statement presented to the Court last week, Og reported “living with a constant fear of his attackers” in Guatemala “, unable to leave the place where he stays, not being able to trust the police to protect him, and not be able to see his mother for fear of exposing her to violence, among other difficulties,” Murphy wrote in his order on Friday.
“In general, this case does not present special data or legal circumstances, only the banal horror that a man is unfairly loaded on a bus and sent back to a country where he was supposedly raped and kidnapped,” Murphy wrote in his 14 -page decision.
Friday’s order marks the third time that the courts have ordered the Trump administration to bring deportees who are incorrect or illegal.
The courts have already ordered the return of Kilmar Abrego García and Daniel Lozano-Camargo, both deported in March to a notorious Megaprison in El Salvador. The Trump administration has not yet facilitated its return to the United States
The United States Department of Justice did not respond to a comment request on Tuesday. But on Saturday, the Department of Justice said in an X position that “the orders of the Court in this case interrupt the president’s ability to faithfully execute our immigration laws.”
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According to US and international laws, it is illegal to deport someone to a country where their life would be in danger.
In his order that denied the motion of the DOJ on Monday, Murphy wrote that the administration officials “have badly characterized the order of this Court, while at the same time they manufacture the same chaos they denounce.”
The judge added that the Trump administration has repeatedly violated a preliminary judicial order that established last month, demanding that it provides written notices to non -citizens and their lawyer before any deportation of the third country and gives them significant opportunities to collect claims based on fear.
The administration could not do this as recent as last week when it ran to deport eight people from Myanmar, Laos, Vietnam, Cuba and Mexico to South Sudan, Murphy wrote.
Realmuto trine of the National Alliance of Immigration Litigation, the organization that provides legal representation to OG and three other plaintiffs in the same case, News told NBC in an email on Tuesday: “As the court determined, this problem is one of the government’s own creation.”
