Judge denies DHS request to reconsider Guatemalan deportee return order

A federal judge has denied a request from the Department of Homeland Security (DHS) to reconsider his order calling for the Trump administration to take immediate steps to return a Guatemalan deportee to the U.S. U.S. District Court Judge Brian Murphy in Massachusetts issued a ruling last week stating that the removal of the individual, identified as O.C.G., lacked due process.

In his decision, Judge Murphy accused the Trump administration of “manufacturing chaos” in South Sudan deportations, escalating the feud. He described O.C.G. as a native and citizen of Guatemala who first entered the U.S. without proper authorization in March 2024. O.C.G. had presented himself for asylum at the border but was denied an interview and deported to Guatemala. Upon his return to the U.S. in May 2024, O.C.G. was arrested by Border Patrol and referred to an asylum officer after expressing fear of returning to Guatemala. The officer found that O.C.G. had a credible fear of persecution or torture, leading to withholding-only proceedings and ultimately a grant of withholding of removal from Guatemala by an immigration judge.

However, two days after being granted withholding of removal, O.C.G. was unexpectedly put on a bus and sent to Mexico. Despite his pleas to contact his attorney, O.C.G. was refused and given the choice of being detained in Mexico or returning to Guatemala. O.C.G. chose to return to Guatemala, where he continues to live in fear of his attackers and faces numerous hardships.

In response to the judge’s order to return O.C.G. to the U.S., DHS stated that America’s asylum system was not intended to be a catch-all amnesty program. The department argued that O.C.G. was an illegally present alien who was granted withholding of removal to Guatemala but was removed to Mexico instead, pending his asylum claim. DHS criticized the judge’s decision as ordering the return of an individual to a country with which he has no past connection.

The order to return O.C.G. stemmed from a class action lawsuit filed on behalf of him and three other plaintiffs from Cuba, Ecuador, and Honduras who are residents of Massachusetts and Texas. The lawsuit challenges DHS’s policy of deporting individuals to third countries without notice or an opportunity to contest removal based on fear of persecution, torture, or death.

Attorneys representing the plaintiffs have not yet responded to requests for comment. The Trump administration has stated its commitment to returning the asylum system to its original intent. The case highlights the complexities and challenges faced by individuals seeking asylum in the U.S. and the importance of due process in immigration proceedings.