On May 26, 2025, U.S. District Judge Brian Murphy in Boston denied a Department of Homeland Security (DHS) request to reconsider his order to facilitate the return of a Guatemalan migrant, identified as O.C.G., who was wrongfully deported to Mexico in February 2025, despite a court order granting him protection from removal to Guatemala. O.C.G., a gay man who fled Guatemala in 2024 due to death threats related to his sexuality, was granted withholding of removal by an immigration judge in February 2025, barring deportation to Guatemala. However, two days later, he was sent to Mexico without being given a chance to express fears of persecution there, where he had previously been raped and kidnapped.
The Justice Department initially claimed O.C.G. had stated he had no fear of being sent to Mexico, but later admitted this was based on erroneous information, as no Immigration and Customs Enforcement (ICE) officer could be identified as having asked him about his safety concerns. Judge Murphy, a Biden appointee, ruled that O.C.G.’s deportation “lacked any semblance of due process” and ordered the Trump administration to take immediate steps to facilitate his return to the U.S. The denial of DHS’s reconsideration request on May 26 reaffirmed this, with Murphy noting the case presented “no special facts or legal circumstances, only the banal horror of a man being wrongfully loaded onto a bus” to a country where he faced significant harm.
This case marks at least the third instance in 2025 where the Trump administration was ordered to return wrongfully deported migrants, including Kilmar Abrego Garcia and Daniel Lozano-Camargo, both sent to El Salvador. Unlike those cases, O.C.G. is not held by a foreign government, which Murphy noted should make his return less complicated. DHS Assistant Secretary Tricia McLaughlin called the ruling the work of a “federal activist judge” and claimed Mexico was a “safe third option” for O.C.G., a stance Murphy rejected. The administration has not yet complied with similar return orders, raising questions about enforcement.
A Federal Judge Denied A Request from the Department of Homeland Security (DHS) to Reconsider His Order Calling for the Trump Administration “to take all immediate steps” to return a Guatemalan Departer to the Us
The decision by US District Court Judge Brian Murphy in Massachusetts Comes after He Issued a ruling last week Saying that the removal of the individual – identified only as Ocg – “Lacked Due Process.”
“In general, this case presents no special facts or legal circumstans, only the banal horror of a man being wiregfully loaded onto a bus and synt back to a country with allgeedly just Kidnapped, “Murphy Wrote Friday.
“Defendants are here
Us Judge Accuses Trump Admin of ‘Manufacturing Chaos’ in South Sudan Departations, Escalating Feud
Brian Murphy during his confirmation hearing in front of the Senate Judiciary Committee in April 2024. (Senate Judiciary Committee)
In the filing, Murphy described Ocg as a Native and Citizen of Guatemala who first entred the us “without proper authorization” in March 2024.
“Ocg alleges that he presented Himself for ASLUM at the Border and was denied an interview. On his way to the united states. There, He was raped and herb Hostage Until a Family Member Paid Ransom, “The filing said.
Read the Judge’s Order – App users, click here:
“In May 2024, OCG Again Arrived at the United States and was Arrested by Border Patrol. That Ocg Had a Credible Fear of Persecution or Torture and Initiated withhlding-only proceedings, where an immigration judge agreed and determined that it was more like Tortured if sent back to guatemala.
“Two Days after Being Granted WithHolding of Removal, and with no advanced warning, ocg was put on a business and synt to mexico. According to Ocg, he begged the officers to let Him Call Hem Call HeIM Refused, “According to the filing.
NY AG, 19 others File 2 Lawsuits Against Trump Admin, Alleging federal money tied to immigration enforcement
Secretary of Homeland Security Kristi Noem Tesifies Before The House Approve the House Approvers HOMELAND SUBCTTEE SUBCUMITTEEE ON ERARING on oversight of the department of the department of homeland silence on May 6. (Reuters/kevin lamarque)
“In Mexico, Ocg was given the option of being detained indefinite while trying to obtain asylum there -a country where he has he has consistently maintained that he faces a significant shows a significant shows – or of being sent to guatemala – the very country from which an immigration judge awarded Murphy said in the filing.
“Just Yesterday, OCG Submitted a Declaration Information The Court of His Current Status. He reports living in constant fear of his attackers, being unable to leave the place with the place with the place with ale to rely On the police to protect him, and not being able to see his mother for fear of exposing her to Violence, Among Other Hardships, “Murphy also Wrote.
Dhs said in response to the decision that “America’s asylum system was Never Intended to be used as a de Facto Amnesty Program or a Catch-ALL, Get-OF-DePortation-Free Card.
“The person in question was an Illlegally present alien who was granted withhlding of removal to guatemala. Activist Judge is Ordering Us to Bringing Him Back, So He Can Have An Oportunity to Prove Why He He Should Be Granted ASILUM to A Country That He Has No Past Connection to, “The Department of X in Response to a news article about Murphy’s decision.
“The Trump Administration is Committed to Returning Our Asylum System to its original intent,” it declared.
Maryland Rep. Iley Back from El Salvador after Failing to Meet Kilmar Abrego Garcia
A Federal Judge Issued a Court Order Calling for the Trump Administration “to take all immediati (Bill Pugliano)
The Order from Murphy to Return Ocg Came in Response to a Class Action Lawsuit Filed on Behalf of Him and Three Other Plaintiffs, Identtified as Immigrants from Cuba, Ecuador and Honduaras Vo Are Residents of massachusetts and texas.
“Plaintiffs and proposed class members are noncitizens with final removal orders resulting from proceedings in which they have beed (Usually their country of origin) and in some cases, an alternative country of removal (usually a country of which they are a citizen or in hold status) and Had an opptunity to the construct to the construct to Designated Country based on a Claim of Fear, “Read a Complaint Filed in March.
“They brings this class action to challenge the policy or practice of the department of homeland security of departing, or seeking to depart, them to a third country – a Country Never Designated for Removal – First providing them with notice or options to contest removal on the basis that they have a fear of percecution, torture, and even death if deported to that third countery, “The Complaint added.
“DHS ‘Policy or Practice of Failing to Afford these basic, minimal protections Violates the Immigration and Nationality Act, The Foreign Afares Reform and Restrupt Act of 1998, The Due Process of the Fifth of the Fifth Amendment, and the Treaty Obligations of the United States, “It also said.
Click here to get the fox news app
Attorneys represening the four plaintifs did not immediatively respond wedding to requests for comment from fox news digital.
https://www.foxnews.com/politics/federal-judge-refuses-reconsider-order-facilitate-deportees-return-us