Trump admin returns ‘wrongfully’ deported man to US after judge’s scathing order

Identified in court documents only as O.C.G., the man arrived in California on Wednesday via a commercial flight and met with his legal representatives.

Trina Realmuto of the National Immigration Litigation Alliance stated that if the Department of Homeland Security (DHS) again seeks to remove him to a third country, he must be afforded full due process — including notice and the opportunity to present a fear-based claim.

Upon arrival, O.C.G. was taken into custody by U.S. Immigration and Customs Enforcement (ICE) and transported to a detention facility in Arizona, where his immigration proceedings will continue in accordance with the order of U.S. District Judge Brian Murphy of Massachusetts.

Judge Murphy, appointed by President Joe Biden, ordered the federal government on May 23 to facilitate O.C.G.’s return, describing the man’s expedited removal to Mexico as “troubling” given his claims of persecution there.

The court found that while an immigration judge’s prior order barred O.C.G.’s deportation to Guatemala, he was not provided a meaningful opportunity to express his fear of being harmed in Mexico — where he alleges he was previously kidnapped and sexually assaulted.

In a sharply worded opinion, Judge Murphy criticized the government’s handling of the case, calling the deportation a “banal horror.” The judge noted that O.C.G. was “wrongfully loaded onto a bus and sent back to a country where he was allegedly just raped and kidnapped.”

After being returned to Mexico, O.C.G. was reportedly given the option of indefinite detention or voluntary return to Guatemala. He chose the latter and subsequently went into hiding.

In compliance with the court’s deadline, the administration responded within five days, informing the court that it was coordinating with “ICE Air” to arrange O.C.G.’s return — marking one of the most significant efforts by the government to reverse a deportation found to be unlawful.

The case stands in contrast to others, such as that of Kilmar Abrego Garcia, a Maryland resident whose deportation to El Salvador has also been acknowledged as erroneous, yet he remains outside the U.S.

Despite complying with Judge Murphy’s order, DHS officials criticized the ruling. Tricia McLaughlin, a department spokesperson, stated that Mexico had served as a “safe third option” and argued that the judge’s decision undermined the original purpose of the asylum system.

“America’s asylum system was never intended to be used as a de facto amnesty program or a catch-all, get-out-of-deportation-free card,” McLaughlin said.

She further described Judge Murphy as a “federal activist judge,” echoing rhetoric previously used by former President Trump to describe judicial decisions unfavorable to his administration.

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“Yet, this judge ordered us to bring him back so he can attempt to claim asylum in a country with which he has no prior connection,” she added. “The Trump administration remains committed to restoring the original intent of our asylum laws.”