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Trump Administration to Return Guatemalan Migrant Deported to Mexico; Resists Other Court-Ordered Returns

Federal Judge Brian Murphy ordered the administration to facilitate his return to the United States following due process violations in his deportation.

Overview

  • Justice Department officials admitted earlier claims about O.C.G.’s consent were based on erroneous information and arranged a humanitarian parole charter flight to bring him back from Mexico.
  • O.C.G., a gay Guatemalan asylum seeker, was previously raped and held for ransom in Mexico after ICE failed to conduct a credible fear screening before deporting him.
  • Judge Murphy ruled that O.C.G.’s removal lacked due process and directed the administration to ‘facilitate’ his return under a significant public benefit parole.
  • The administration has not yet complied with Supreme Court and federal orders to repatriate Kilmar Abrego Garcia and Cristian, and it has filed an emergency appeal challenging Judge Murphy’s injunction.
  • O.C.G.’s case is part of a broader class-action lawsuit against the administration’s ‘third-country removals’ policy that courts have found undermines migrants’ due process rights.