A federal judge has reaffirmed his decision to order the return of a Guatemalan migrant after determining his deportation lacked due process. U.S. District Court Judge Brian Murphy, in Massachusetts, rejected a motion from the Department of Justice to reconsider his order mandating that the Trump administration take immediate steps to facilitate the migrant’s return. Identified only as O.C.G., the migrant fled Guatemala in 2023 after experiencing severe persecution and torture. He first sought asylum in the U.S. in March 2024 but was quickly deported back to Guatemala. After facing horrific abuse while trying to navigate asylum in Mexico, including being held for ransom, he attempted to re-enter the U.S., where a subsequent asylum officer recognized his reasonable fear of returning to Guatemala.
Despite an immigration judge acknowledging the likelihood of persecution upon his return, O.C.G. was wrongfully deported to Mexico. Faced with no safe options, he chose to return to Guatemala despite the dangers, citing fears for his safety. Judge Murphy described the situation as “the banal horror” of a wrongful deportation, emphasizing the need for protection under international and U.S. laws against deportation to potentially life-threatening situations.
This ruling marks the third instance where courts have mandated the Trump administration to reinstate individuals improperly deported. Murphy criticized the administration for violating court orders requiring proper legal processes and notifications prior to deportations. Trina Realmuto, representing O.C.G., noted that the issues stem from the government’s actions. Murphy’s recent decisions highlight ongoing tensions between judicial oversight and immigration enforcement policies under the Trump administration.
Photo credit
www.nbcnews.com
