The judge previously ruled that the man should not be returned to Guatemala due to fear of persecution.
A federal judge ruled Friday that the Trump administration must promote the return of illegal immigrants from Guatemala who were deported to Mexico in February after the government admitted to a false court statement regarding his case.
The Guatemalan native was called OCG in court documents and left his hometown in March 2024 and entered the United States without prior permission to seek asylum. He was sent back to Guatemala, and two months later, OCG tried to rejoin the US through Mexico.
The judge later ruled that the OCG should not be returned to Guatemala due to fear of persecution. According to court documents, he was placed on a bus to Mexico two days after being allowed to withhold the removal, not given the opportunity to speak with an attorney.
After arriving in Mexico, the OCG chose to stay in custody while applying for asylum in Mexico or to be sent back to Guatemala. He chose to return to Guatemala, according to court documents.
US District Judge Brian Murphy said government lawyers initially stated that OCG had verbally expressed that they were not afraid of being sent to Mexico, citing data entries from immigration officials.
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The lawyer later admitted that he could not identify immigration officers to support the claim.
“No one has proposed that OCG pose any kind of security threat,” Murphy said in the order on page 14. “In general, this case does not present any particular facts or legal situations, and is mediocre fear of a man who was unfairly loaded onto a bus, sent back to a country that was allegedly raped and lured.”
Murphy admitted that mistakes could occur, but said “the events leading up to this decision are troubling.”
“The courts were given false information and relied on the disadvantages of parties at risk of serious and irreparable harm,” he said. Murphy ordered the discovery, including the deposition of those involved in providing false information and related data entries.
Trina Realmuto, OCG’s lawyer for the National Immigration Litigation Alliance, said his legal team was “overeigned” by Murphy’s ruling and will work to promote return plans.
The Department of Homeland Security did not reply to requests for comment at the time of publication.
The Supreme Court ordered the administration to encourage its return to the United States. The administration said he is currently in custody of Salvadorian authorities and he has no authority to return him.
Reuters and Jacob Berg contributed to this report.
