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Judge Orders Return of Guatemalan Migrant Deported to Mexico in Error

Judge Orders Return of Guatemalan Migrant Deported to Mexico in Error.

A U.S. federal judge has ordered the Trump administration to facilitate the return of a Guatemalan migrant mistakenly deported to Mexico, despite his well-documented fears of persecution. U.S. District Judge Brian Murphy, based in Boston, issued the ruling after the Justice Department admitted it had wrongly stated the man, identified in court as "O.C.G.," was not afraid to return to Mexico.

O.C.G., a gay man, fled Guatemala in 2024 after receiving death threats due to his sexuality. He entered the U.S. via Mexico in May 2024. In February, an immigration judge granted him protection from deportation to Guatemala after determining he had a credible fear of persecution. Yet just two days later, officials mistakenly deported him to Mexico—where he had previously been kidnapped and raped.

The ruling highlights ongoing legal battles against the Trump administration’s aggressive immigration policies, which have led to wrongful deportations. O.C.G. is the lead plaintiff in a class action lawsuit challenging the expedited removal of migrants to countries other than their own without due process. Judge Murphy, appointed by President Biden, has issued several decisions preventing the Department of Homeland Security from proceeding with deportations unless migrants are given a meaningful chance to voice their fears for personal safety.

A similar case involved Maryland resident Kilmar Abrego Garcia, wrongly deported to El Salvador despite an existing order protecting him from removal. He remains in El Salvador, even after a judge ordered his return.

This latest ruling underscores growing judicial scrutiny over procedural errors in the U.S. immigration system and reinforces protections for asylum seekers vulnerable to violence and persecution. The Department of Homeland Security has not yet commented on the court’s directive.

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