Federal Judge refuses to reconsider order to facilitate Deporte’s return

A federal judge denied a request from the National Security Department (DHS) who reconsidered his order calling for the Trump administration to “take all immediate steps” to return a Guatemalan deported to the United States.

The decision of the Judge of the North District Court -American Brian Murphy in Massachusetts comes after he passed a sentence last week, saying that the withdrawal of the person, identified only as a OCG, “had no process due.”

“In general, this case has no special facts or legal circumstances, only the banal horror of a man who was mistakenly charged on a bus and sent back to a country where he was allegedly raped and abducted,” Murphy wrote on Friday.

“Therefore, the defendants are ordered to take all immediate measures, including coordination with the plaintiff’s lawyer, to facilitate the return of the OCG to the United States,” he added.

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In the presentation, Murphy described OCG as a native and a citizen of Guatemala who first entered the United States “without proper authorization” in March 2024.

“ OCG claims that he appeared on the asylum on the border and refused an interview. In any case, he was deported shortly after to Guatemala. In April 2024, OCG decided to try -again and crossed Mexico on his way to the United States. There he was raped and held until a family member paid for Ransom, ” said the presentation.

Read the judge’s order – Application users, click here:

“In May 2024, OCG reached the United States again and was arrested by the border patrol. This time, however, he was derived to an asylum officer after expressing fear of returning to Guatemala. This officer determined that the OCG had a credible fear of persecution or torture and began withholding procedures only Guatemala.

“Two days after receiving the withholding of the withdrawal and, without advanced notice, OCG was put on a bus and was sent to Mexico. According to OCG, he begged the officers to let him call his lawyer, but was rejected,” according to the presentation.

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“In Mexico, the OCG was given the option of being detained indefinitely while trying to obtain asylum, a country where he has constantly faced a significant risk of violence – or from being sent again to Guatemala, whose country an immigration judge granted him the withdrawal of the withdrawal due to the risk of persecution that he facilitated that OCG.” Presentation.

“ Yesterday, OCG filed a statement that informed the court of his current state. He reports to constantly live in fear of his attackers, not being able to leave the place where he housed, without being able to trust the police to protect him and not be able to see his mother for fear of exposing -to violence, among other penurias, ” Murphy also wrote.

DHS said in response to the decision that “the United States asylum system was never intended to be used as a de facto amnesty program or as a catchment card, without having lunch.

“The person in question was an alien present illegally to be granted the withdrawal of Guatemala. He was transferred to Mexico, a third safe option for him, waiting for his asylum claim. However, this federal activist judge orders us to bring him again, so that he can have an opportunity to prove why he should be granted as a country that has not been granted,” News.

“The Trump administration is committed to returning our asylum system to its original intention,” he said.

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Murphy’s order to return the OCG responded to a class -action demand filed on behalf of it and three other plaintiffs, identified as immigrants from Cuba, Ecuador and Honduras who are Massachusetts and Texas residents.

“ The plaintiffs and members of the proposed class are non -citizens with final elimination orders derived from procedures in which they have been notified that they could be deported to a country designated from elimination (usually their country of origin) and, in some cases, an alternative country of elimination (usually a country of which they are a citizen or who had been) and who had the opportunity to answer the country designed, which is, a presented in March.

“ They bring this class action to defy the politics or practice of the National Security Department of Deportation or that seek to deport, in a third country, a country never designated for their retirement, without first providing them with a warning or an opportunity to dispute the withdrawal, since they are afraid of persecution, torture and even death if it was deported to that third country, “ the denunciation.

“The policy or practice of DHS of not allowing these basic and minimum protections violates the Law of Immigration and Nationality, the Law of Reform and Restructuring of Foreign Affairs of 1998, the clause of the process due to the fifth amendment and the obligations of the Treaty of the United States,” he said.

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Lawyers represented by the four plaintiffs did not immediately respond to Fox News Digital Comments on Wednesday.