A federal judge doubled down on his decision to order him to withdraw the U.S. ruling after discovering deportation from Guatemala immigrants.
On Monday, Massachusetts U.S. District Court Judge Brian Murphy denied the Justice Department motion that requires the court to reconsider Friday’s order directing President Donald Trump’s administration to “take all immediate measures to promote immigration’s return to the U.S.
Immigration was identified only as OCG, and in court announcements he fled his country last year where he suffered persecution and torture. He first tried to seek asylum in the United States in March 2024, but was quickly deported to Guatemala. A month later, he tried to seek asylum in the United States again.
The immigration court declaration said that when he walked north, he was detained as ransom, raped and targeted to be gay. In May 2024, a U.S. asylum officer determined that OCG had “reasonable fear” to return to Guatemala and was seen in his case by immigration detention center.
In February, the immigration judge determined that if deported to his local Guatemala, the OCG could be persecuted and granted him the custody of his responsibilities, court records show. Instead, he was placed on a Mexican bus a few days later without any notice.
Mexican authorities told OCG that he could apply for asylum in Mexico, but they told him that he “will be locked out as a few months to make a decision or I can only accept that they took me back to Guatemala,” his statement said. OCG fears that he chooses to return to Guatemala after Mexico seeks shelter experience. "I don't have a safe choice," he said.
In another sealed statement filed last week in the court, the OCG reported that “had been constantly afraid of attackers in Guatemala” and “cannot leave where he lives, cannot rely on police to protect him, and cannot see his mother fearing violent violence for his mother,”
Murphy wrote in his 14-page decision: "In general, there is no special fact or legal situation in the case, only a man was mistakenly loaded onto a bus and sent back to a mediocre horror of a country where he was allegedly raped and kidnapped."
Friday’s order marks the third time the court directed the Trump administration to bring back deported deportation or deportation.
The court has ordered the return of Kilmar Abrego Garcia and Daniel Lozano-Camago, who were deported in March to the infamous enormous conquest of El Salvador. Trump administration hasn't promoted their return to the United States yet
The U.S. Department of Justice did not respond to a request for comment Tuesday. But on Saturday, the Justice Department said in an article X: “The court’s order in this case undermines the President’s ability to faithfully enforce our immigration laws.”
The U.S. Department of Land and Resources also weighed the case in another X post on Saturday, saying: "OCG is an illegal foreigner who was granted withheld removal from Guatemala. Instead, his removal to Mexico was a safe third option for him, his third option, his shelter. However, this federal radical judge did not order him to come back so he could bring him back, and it was his chance to bring us back. To that point."
Under U.S. and international law, it is illegal to deport someone to a country that will be threatened.
In an order denied the Justice Department motion, Murphy wrote that administration officials “misunderstood the court’s order while creating chaos that they condemn.”
The judge added that the Trump administration has repeatedly violated the preliminary injunction he enacted last month, requiring it to provide written notice to non-citizens and their attorneys and to make meaningful opportunities for any third country to claim based on fear before deportation.
Murphy wrote that the government has recently failed to do it like it did last week, when it would expel eight people from Myanmar, Laos, Vietnam, Cuba and Mexico to South Sudan.
Trina Realmuto of the National Immigration Litigation Alliance, which provides legal representation for the OCG, provides legal representation for three other plaintiffs in the same case, told NBC News in an email Tuesday: “As the court found, this issue is one of the government’s own creations.”