Federal officials have announced concrete measures to facilitate the return of a Guatemalan man whom a judge determined was “wrongfully” deported to Mexico. This appears to represent the Trump administration’s most significant action to date in securing the return of an individual deemed improperly removed from the United States.
According to a Justice Department status report filed on Wednesday, Immigration and Customs Enforcement (ICE) agents in Phoenix contacted the attorneys representing the man, identified in court documents as “O.C.G.,” over the past weekend. This action follows a Friday order from U.S. District Judge Brian Murphy, who condemned the “banal horror” of the man’s removal and directed officials to facilitate his return. In their filing, DOJ lawyers stated they are complying with this directive.
The filing indicated that ICE Enforcement and Removal Operations in Phoenix is collaborating with ICE Air to arrange O.C.G.’s return to the United States via an Air Charter Operations flight. Additionally, a “Significant Public Benefit Parole packet” has been prepared and forwarded to Homeland Security Investigations for further approval. According to U.S. Citizenship and Immigration Services, this type of parole would permit O.C.G. to remain in the U.S. for a specified period due to “urgent humanitarian reasons or a significant public benefit.”
Judge Murphy, a Joe Biden appointee based in Massachusetts, had issued a five-day deadline for an update on O.C.G.’s retrieval, which expired on Wednesday. However, locating the man posed a challenge as court documents revealed he was in hiding in Guatemala, having opted to return to his home country rather than face indefinite detention in Mexico.
O.C.G. reported that he was kidnapped and raped in Mexico in 2024 while traveling north to the U.S. Upon entering the U.S. and being detained, he informed immigration officials of his fear of persecution in Guatemala due to his sexual orientation. Subsequently, a judge granted a withholding order in February, preventing his return to Guatemala. The Department of Homeland Security then considered Mexico as an alternative location for removal. However, Judge Murphy maintained that available evidence indicated O.C.G. was not provided sufficient opportunity to demonstrate his risk of harm in Mexico.
Judge Murphy stated in his order that there has been no suggestion that O.C.G. poses any security threat. He further noted that the case presents no special factual or legal complexities, 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.” The judge also reaffirmed the U.S. policy against involuntarily returning individuals to countries where they face substantial grounds for believing they would be in danger of being subjected to torture.
Judge Murphy’s ruling is not the only instance where President Donald Trump and his administration have been ordered to facilitate the return of individuals deemed improperly deported. The most prominent case involves Kilmar Abrego Garcia, a Maryland resident whose wrongful deportation to El Salvador and subsequent imprisonment due to alleged MS-13 gang ties has been admitted by the Trump administration. His attorneys and advocates have denied any such involvement. Both President Donald Trump and Salvadoran President Nayib Bukele have asserted that the responsibility for his return lies with the other government.
Another case involves Daniel Lozano-Camargo, whom a federal judge appointed by President Donald Trump ruled was wrongfully deported to El Salvador in violation of a legal settlement agreement. However, similar to the case of Abrego Garcia, federal officials have not appeared to take any action to facilitate his return.
Based on Wednesday’s filing, O.C.G. may experience a more positive outcome than others in similar situations.
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