Migrant deported to third country returned to US after Trump admin yields to judge's order

A Guatemalan man identified as O.C.G. has been flown back to the United States after a judge determined he had been wrongfully deported to Mexico without the chance to contest his removal.

People display signs during a May Day march and rally in protest of President Donald Trump's immigration policies in Oklahoma City on May 4, 2025.  (Doug Hoke/The Oklahoman/USA Today Network via Imagn Images)

Additionally, Murphy told laywers for the administration that O.C.G. had not been given the chance to contest his removal to a country where he could face threats of torture, a right afforded under U.S. and international law.

O.C.G. was previously held for ransom and raped in Mexico but was not afforded the chance to assert those fears prior to his removal, Murphy noted in his order, citing submissions from O.C.G.'s attorneys.

"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," Murphy said earlier this month, noting that the removal process "lacked any semblance of due process."

US JUDGE ACCUSES TRUMP ADMIN OF ‘MANUFACTURING CHAOS’ IN SOUTH SUDAN DEPORTATIONS, ESCALATING FEUD 

Judge James E. Boasberg, chief judge of the Federal District Court in DC, stands for a portrait at the E. Barrett Prettyman Federal Courthouse in Washington, D.C., on March 16, 2023.  (Carolyn Van Houten/The Washington Post via Getty Images)

Judge Boasberg also gave the Trump administration one week to submit to the court information explaining how it plans to facilitate the habeas relief to migrants currently being held at CECOT.

That ruling is almost certain to provoke a high-stakes legal standoff with the administration, and comes as Trump officials have railed against Judge Boasberg and others who have ruled in ways seen as unfavorable to the administration as so-called "activist judges."

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Trump called for Boasberg's impeachment earlier this year, prompting Supreme Court Chief Justice John Roberts to issue a rare public statement of rebuke. 

"America’s asylum system was never intended to be used as a de facto amnesty program or a catch-all, get-out-of-deportation-free card," DHS spokesperson Tricia McLaughlin said in a statement over the weekend.

Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI, and other national news. 

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