Brian Murphy during his confirmation hearing in front of the Senate Judiciary Committee in April 2024. (Senate Judiciary Committee)
In the filing, Murphy described O.C.G. as a native and citizen of Guatemala who first entered the U.S. "without proper authorization" in March 2024.
"O.C.G. alleges that he presented himself for asylum at the border and was denied an interview. In any event, he was deported shortly thereafter to Guatemala. In April 2024, O.C.G. decided to try again and crossed Mexico on his way to the United States. There, he was raped and held hostage until a family member paid ransom," the filing said.
READ THE JUDGE'S ORDER – APP USERS, CLICK HERE:
"In May 2024, O.C.G. again arrived at the United States and was arrested by Border Patrol. This time, however, he was referred to an asylum officer after expressing fear of return to Guatemala. That officer determined that O.C.G. had a credible fear of persecution or torture and initiated withholding-only proceedings, where an immigration judge agreed and determined that it was more likely than not that O.C.G. would be persecuted or tortured if sent back to Guatemala. Accordingly, O.C.G. was granted withholding of removal from Guatemala," it continued.
"Two days after being granted withholding of removal, and with no advanced warning, O.C.G. was put on a bus and sent to Mexico. According to O.C.G., he begged the officers to let him call his attorney but was refused," according to the filing.
A federal judge issued a court order calling for the Trump administration "to take all immediate steps" to return a Guatemalan deportee to the U.S. (Bill Pugliano)
The order from Murphy to return O.C.G. came in response to a class action lawsuit filed on behalf of him and three other plaintiffs, identified as immigrants from Cuba, Ecuador and Honduras who are residents of Massachusetts and Texas.
"Plaintiffs and proposed class members are noncitizens with final removal orders resulting from proceedings in which they have been notified that they could be deported to a designated country of removal (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 which they hold status) and had an opportunity to contest removal to the designated country based on a claim of fear," read a complaint filed in March.
"They bring this class action to challenge the policy or practice of the Department of Homeland Security of deporting, or seeking to deport, them to a third country -- a country never designated for removal -- without first providing them with notice or opportunity to contest removal on the basis that they have a fear of persecution, torture, and even death if deported to that third country," the complaint added.
"DHS’ policy or practice of failing to afford these basic, minimal protections violates the Immigration and Nationality Act, the Foreign Affairs Reform and Restructuring Act of 1998, the Due Process Clause of the Fifth Amendment, and the treaty obligations of the United States," it also said.
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Attorneys representing the four plaintiffs did not immediately respond Wednesday to requests for comment from Fox News Digital.
Greg Norman is a reporter at Fox News Digital.
https://www.foxnews.com/politics/federal-judge-refuses-reconsider-order-facilitate-deportees-return-us