Judge Orders U.S. to Bring Back Guatemalan Man Deported to Mexico

Washington, D.C. — A federal judge ruled late Friday that the U.S. must facilitate the return of a Guatemalan man who was deported to Mexico, despite his fears of violence there. The man, identified by his initials O.C.G., is gay and had been granted protection from returning to Guatemala due to prior attacks he suffered, including homophobic violence.

The ruling came from U.S. District Judge Brian Murphy, who found that O.C.G.’s deportation likely “lacked any semblance of due process”. The judge highlighted that the man was sent to Mexico instead of being allowed to remain in the U.S. to pursue his asylum claim.

During initial court proceedings, evidence was presented showing that O.C.G. faced potential persecution and torture if returned to Guatemala. He also expressed fear of returning to Mexico, where he reported being raped and held for ransom while seeking asylum in the U.S.

Murphy’s order pointed out that O.C.G. posed no security threat. “In general, this case presents no special facts or legal circumstances, only the banal horror of a man being wrongfully loaded onto a bus and sent back to a country where he was allegedly just raped and kidnapped,” he wrote in his decision.

Authorities from the Department of Homeland Security defended their actions, with Assistant Secretary Tricia McLaughlin describing O.C.G. as an individual in the country illegally. McLaughlin called the deportation to Mexico a safe third option while he awaited a decision on his asylum claim.

This ruling adds to a series of decisions by federal courts critical of the Trump administration’s deportation practices. Recently, a ruling highlighted the rapid deportation of immigrants with minimal notice, which has drawn attention to the legal processes surrounding immigration proceedings.

The administration’s handling of other cases, including that of Kilmar Ábrego García, has similarly faced scrutiny. After being wrongfully deported to El Salvador, the U.S. Supreme Court ordered his return, which has proven to be a contentious issue.

In Murphy’s ruling, he emphasized that facilitating O.C.G.’s return should not be a complex matter. “The Court notes that ‘facilitate’ in this context should carry less baggage than in several other notable cases,” he stated, adding that defendants provided no arguments to suggest that returning O.C.G. would be burdensome.