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3mo ago

Judge Orders Trump Administration to Return Wrongfully Deported Asylum-Seeker

U.S. District Judge Brian Murphy criticized officials for due process violations and false statements, mandating the return of O.C.G., a gay Guatemalan asylum-seeker now in hiding after being sent to Mexico and Guatemala.

An Immigration and Customs Enforcement agent stands near an immigrant detention center in Elizabeth, New Jersey, on May 7, 2025.
Image
A law enforcement officer surveils a bus used to transport deportees from the U.S. to Nogales, Sonora, Mexico, January 24, 2025. REUTERS/Rebecca Noble/File Photo
Stock photograph showing a member of the Congressional Hispanic Caucus holding a picture of Kilmar Abrego Garcia during a news conference to discuss Abrego Garcia's arrest and deportation at Cannon House Office Building on April 9, 2025 in Washington, DC.

Overview

  • O.C.G., a gay asylum-seeker from Guatemala, was deported to Mexico and later Guatemala despite legal protections against removal to either country.
  • Judge Brian Murphy ruled that the deportation likely violated due process and ordered the Trump administration to take immediate steps to return O.C.G. to the U.S.
  • The Justice Department admitted that its claim about O.C.G.’s lack of fear regarding deportation to Mexico was based on erroneous information with no supporting evidence.
  • O.C.G. remains in hiding in Guatemala, fearing for his safety after previously facing threats, rape, and persecution in both Guatemala and Mexico.
  • This case is part of a broader legal challenge to the administration’s third-country deportation policy, which has faced repeated judicial rebukes for procedural errors and human rights concerns.