A Guatemalan man who was wrongfully deported to Mexico despite legal protections has been returned to the United States following a federal judge’s order that found his removal violated constitutional rights.
At a Glance
- A Guatemalan man identified as O.C.G. has been returned to the U.S. after being wrongfully deported to Mexico by immigration authorities
- U.S. District Judge Brian Murphy ordered his return, finding the deportation “lacked any semblance of due process”
- O.C.G., who is gay, had previously been granted protection from deportation to Guatemala due to persecution risks
- This marks the first known instance since January 20 where Homeland Security has facilitated a return following a district court order
- O.C.G. is expected to be taken into federal custody despite his return to the U.S.
Deportation Violated Legal Protections
A Guatemalan man, identified in court documents as O.C.G., has been brought back to the United States after a federal judge determined his deportation to Mexico likely violated his constitutional right to due process. O.C.G. had previously been granted a withholding of removal by an immigration judge, a protection that prevents deportation to countries where an individual faces threats to life or freedom. Despite this legal protection, immigration authorities deported him to Mexico without notice or proper legal procedures.
The return followed U.S. District Judge Brian Murphy’s ruling that the deportation “lacked any semblance of due process.” The judge’s order required the Department of Homeland Security to facilitate O.C.G.’s return to the United States. According to court documents, O.C.G. had explicitly expressed fears about being sent to Mexico during immigration hearings but was assured he would not be sent there. Despite these assurances, he was placed on a bus to Mexico without proper notification or legal representation.
Deported and Disappeared: The Heart-Wrenching Story of O.C.G., a Gay Guatemalan Asylum Seeker Betrayed by the System
Imagine fleeing your home, escaping death threats because of who you love, only to find yourself betrayed by the very country you sought refuge in. This is the… pic.twitter.com/17SKiKweUq
— WEB3 (@WEB3WORLDWAR) May 26, 2025
Dangerous Consequences of Improper Deportation
O.C.G. fled Guatemala due to persecution and torture related to his sexual orientation and sought asylum in the United States in March 2024. After his wrongful deportation to Mexico, he faced severe dangers. Court records indicate he was held for ransom and sexually assaulted while in Mexico. After his initial deportation, Mexican authorities subsequently sent him to Guatemala, forcing him into hiding before his court-ordered return to the United States.
“In general, this case presents no special facts or legal circumstances, only the banal horror of a man being wrongfully loaded onto a bus and sent back to a country where he was allegedly just raped and kidnapped,” U.S. District Judge Brian Murphy wrote.
The Trump administration had been criticized for its handling of the case, with Judge Murphy noting the “likelihood that O.C.G. is correct in asserting that his due-process rights were violated, in this Court’s view, has long hovered near certainty.” The White House responded by labeling the judge a “far-left activist,” escalating tensions between the judiciary and executive branch on immigration matters.
Broader Pattern of Deportation Concerns
O.C.G.’s case is part of a series of federal court findings against recent deportations. Legal experts note this represents the first known instance since January where the Department of Homeland Security has facilitated a return following a district court order. Similar cases include a 20-year-old Venezuelan migrant and Maryland resident Kilmar Abrego Garcia, both of whom judges have ordered returned to the United States after improper deportations.
“As far as we know, it is the first time since January 20 that (Department of Homeland Security) has facilitated return following a district court order,” said Trina Realmuto, executive director of the National Immigration Litigation Alliance.
Despite his return to the United States, O.C.G.’s legal challenges are not over. He is expected to be taken into federal custody upon arrival, according to his legal team. A significant public benefit parole packet was approved for his temporary return, but his long-term status remains uncertain as he continues to navigate the immigration system that previously failed to protect his legal rights.
