The Justice Department said in court documents filed Wednesday that the federal government is working to ensure the leased flights are returned to a man evacuated from the United States so that he can undergo proper due process procedures.

Last week, U.S. District Court Judge Brian Murphy ordered the man (only the OCG initials OCG) to return to the United States only after he discovered that the necessary due process steps in his removal process were "ignored" by the Trump administration.

OCG's lawyers argued that he had no criminal history and sought asylum in the United States after multiple violent attacks on him in his rural Guatemala.

In March 2024, OCG illegally entered the United States and was deported. After returning to the United States again last year, he proposed asylum procedures to the Border Patrol. An immigration judge found in February 2025 that if the OCG is sent back to Guatemala and ordered "detention and evacuation", it would be deported back to his home country and face serious injuries.

Two days after the immigration judge's February verdict, the OCG said he was on a bus and went to Mexico without proper procedures, and his lawyer said he had been detained and raped in a second attempt to reach the United States. He presented evidence of Mexico's experience at the immigration hearing, so the immigration judge said that without other due process, the OCG could not be moved to other countries outside Guatemala.

Mexican authorities moved him to Guatemala after the U.S. OCG was sent to Mexico by the U.S., and he remained there, according to court documents.

"The immigration judge told the OCG - consistent with this court's understanding of the law, as he cannot hand him over to other countries outside his rural Guatemala, at least without additional steps in the process," Murphy wrote in an order last week. "These necessary steps and the OCG seeking help were ignored."

Murphy had previously ordered other factual discoveries to be raised in the case after the Trump administration took the oath to announce that the OCG told administration officials that they were not afraid of being sent to Mexico. OCG had previously filed a statement in the court saying he was told at the last minute before he was removed from office that he was sent to Mexico and that he had been denied previous requests to speak with his attorney.

The Justice Department acknowledged to Murphy that there was no witness to verify the government's dismissal of the OCG in the sworn-in-service OCG and mistakenly thought it was declared.

"The only evidence from the court is therefore the undisputed assertion of the OCG that he did not inform him of the notification of transfer to Mexico, nor did he have the opportunity to explain why it would be dangerous to send him there."

The judge added: "The defendants withdrew their previous oath statement, which was an out of reach that the OCG might succeed in showing that his removal lacked due process."

The Trump administration has pushed for a step up push for deportation, and has conducted other reviews of other federal judges who believe that deportation does not have enough due process.

Another judge ordered the Trump administration to "promote" the return of Kilmar Abrego Garcia, who admitted that the administration was mistaken for El Salvador. The Supreme Court confirmed the ruling, but Abrego Garcia is still in the El Salvador prison, and the Trump administration said it would be returned by the country's administration.