A federal judge in the Trump administration ordered on Friday to facilitate the return of a gay Guatemali man who said he was deported to Mexico despite the fear that he would be persecuted there, after officials suffered a mistake in his case.
The American boycott judge, Brian Murphy, in Boston, issued days after the Ministry of Justice notified that his claim that the man had explicitly stated that he was not afraid of sending him to Mexico on wrong information.
The Ministry of Justice said last week that at further investigations, officials were unable to identify any enforcement officer for the migration and customs that were asked of the man, which was determined as “OCG” about the concerns he had for his safety.
Murphy, appointing Trump's Democratic ancestor, Joe Biden, described the issue as “horror” and said that “while the mistakes occur clearly, the events that preceded this decision are concerned.”
The ruling represents the latest example of the judge who ordered the administration of President Donald Trump to facilitate the return of the immigrant in the efforts of the Republicans to carry out mass deportations as part of the solid immigration agenda, after a mistake in the individual case.
In a collective lawsuit filed by OCG and other immigrants, the judge prevented the administration from quickly deporting people to countries other than hearing any concerns about their safety.
Murphy wrote: “The due legal procedures, to some extent, are duo – one receives what the constitution requires, or no one does.” “It was clear that OCG has not received what the constitution required.”
The Ministry of Internal Security, which supervises the ice, and the White House did not immediately respond to the requests for comment.
The government has similarly made a mistake with Kilmar Abrago Garcia, who was deported to El Salvador in March despite something that protects him from removal.
There is still, although the judge orders the administration to facilitate his return.
On Friday, two days after Murphy, in the case of the collective lawsuit, that the Trump administration has violated its previous ruling by trying to deport a group of immigrants to South Sudan.
According to his lawyer, OCG is a gay man who fled Guatemala in 2024 after facing death threats based on his sexual life.
He entered the United States through Mexico in May 2024.
Murphy said that while the immigration judge found in February that OCG deserved protection from returning to Guatemala, the authorities later put two days after a bus to Mexico, where it was recently raped.
Terina Rymoto, an OCG lawyer in the National Migration Law coalition, said his legal team was “comfortable” by Murphy and will facilitate the return plan.
After arriving in Mexico, OCG had to choose between the months of waiting in detention to apply for asylum in Mexico or return to Guatemala. He chose the latter and went to hiding, as his lawyers say.
