Latest news with #BrianMurphy
CNN
3 days ago
- General
- CNN
Trump administration working to return migrant hastily deported to Mexico after resisting similar court orders in other cases
US immigration officials are 'working' on flying back a Guatemalan migrant who says he was wrongly deported to Mexico, according to new court filings, in what appears to mark the first time the Trump administration has made plans to bring back a migrant after a judge ordered the administration to facilitate their return. Phoenix-based immigration officials are 'currently working with ICE Air to bring O.C.G. back to the United States on an Air Charter Operations (ACO) flight return leg,' the Justice Department said in the Wednesday court filing, referring to the pseudonym the migrant is using in the case. US District Judge Brian Murphy, who sits in Boston, ordered O.C.G.'s return last week. The case that Murphy is overseeing concerns the deportation of migrants to 'third countries,' or nations that are not their home country. After entering the US and being deported a first time, the Guatemalan man reentered the US again in 2024, at which point he sought asylum, having suffered 'multiple violent attacks' in Guatemala, according to court documents. On his way to the US during the second trip, O.C.G. said, he was raped and held for ransom in Mexico –– a detail he made known to an immigration judge during proceedings. In 2025, a judge ruled he should not be sent back to his native country, the documents say. Two days after the judge ruled he should not be removed to Guatemala, the government deported him to Mexico, according to Murphy's order. O.C.G. had claimed in the case that he had not been given the opportunity before his deportation to communicate his fear of being sent to Mexico and that his pleas before his removal to speak to an attorney were rejected. The government had been arguing in the case that O.C.G. had communicated to officials before his removal that he had no fear about being deported to Mexico. But recently, the government had to back down from that claim, acknowledging that it could not identify an immigration official who could substantiate that version of events. Before Murphy's ruling, O.C.G. filed a declaration that said he was now in Guatemala, where he has been 'living in hiding, in constant panic and constant fear.'
Toronto Star
3 days ago
- Politics
- Toronto Star
Trump administration says it's working to return a Guatemalan man deported to Mexico
The Trump administration said in court filings Wednesday that it was working to bring back a Guatemalan man who was deported to Mexico in spite of his fears of being harmed there, days after a federal judge ordered the administration to facilitate his return. The man, who is gay, was protected from being returned to his home country under a U.S. immigration judge's order at the time. But the U.S. put him on a bus and sent him to Mexico instead, a removal that U.S. District Judge Brian Murphy found likely 'lacked any semblance of due process.'
Washington Post
3 days ago
- General
- Washington Post
Trump administration says it's working to return a Guatemalan man deported to Mexico
The Trump administration said in court filings Wednesday that it was working to bring back a Guatemalan man who was deported to Mexico in spite of his fears of being harmed there, days after a federal judge ordered the administration to facilitate his return. The man, who is gay, was protected from being returned to his home country under a U.S. immigration judge's order at the time. But the U.S. put him on a bus and sent him to Mexico instead, a removal that U.S. District Judge Brian Murphy found likely 'lacked any semblance of due process.'
Fox News
3 days ago
- General
- Fox News
Federal judge refuses to reconsider order to facilitate deportee's return to US
A federal judge denied a request from the Department of Homeland Security (DHS) to reconsider his order calling for the Trump administration "to take all immediate steps" to return a Guatemalan deportee to the U.S. The decision by U.S. District Court Judge Brian Murphy in Massachusetts comes after he issued a ruling last week saying that the removal of the individual – identified only as O.C.G. – "lacked due process." "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 wrote Friday. "Defendants are hereby ORDERED to take all immediate steps, including coordinating with Plaintiffs' counsel, to facilitate the return of O.C.G. to the United States," he added. 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. "In Mexico, O.C.G. was given the option of being detained indefinitely while trying to obtain asylum there -- a country where he has consistently maintained that he faces a significant risk of violence -- or of being sent back to Guatemala -- the very country from which an immigration judge awarded him withholding from removal due to the risk of persecution that he faced. O.C.G. chose Guatemala. He remains there today," Murphy said in the filing. "Just yesterday, O.C.G. submitted a declaration informing the Court of his current status. He reports living in constant fear of his attackers, being unable to leave the place where he is staying, not being able to rely on the police to protect him, and not being able to see his mother for fear of exposing her to violence, among other hardships," Murphy also wrote. DHS said in response to the decision that "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. "The person in question was an illegally present alien who was granted withholding of removal to Guatemala. He was instead removed to Mexico, a safe third option for him, pending his asylum claim. Yet, this federal activist judge is ordering us to bring him back, so he can have an opportunity to prove why he should be granted asylum to a country that he has had no past connection to," the department wrote on X in response to a news article about Murphy's decision. "The Trump administration is committed to returning our asylum system to its original intent," it declared. 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. Attorneys representing the four plaintiffs did not immediately respond Wednesday to requests for comment from Fox News Digital.
TimesLIVE
3 days ago
- Politics
- TimesLIVE
Trump asks US Supreme Court to intervene in South Sudan deportations
President Donald Trump's administration asked the US Supreme Court on Tuesday to intervene in its effort to rapidly deport migrants to countries other than their own without the opportunity to raise claims that they fear being persecuted, tortured or killed there. The justice department requested that the justices lift Boston-based US district judge Brian Murphy's nationwide injunction requiring that migrants be given the chance to seek legal relief from deportation before they are sent to so-called 'third countries', while litigation continues in the case. The administration said in its filing the third-country process is critical to removing migrants who commit crimes because their countries of origin are often unwilling to take them back. 'As a result, criminal aliens are often allowed to stay in the US for years on end, victimising law-abiding Americans,' it told the justices. The filing represented the administration's latest trip to the nation's highest judicial body as it seeks a freer hand to pursue Trump's crackdown on immigration and contest lower court decisions that have impeded the Republican president's policies. The administration has said Murphy's injunction is preventing potentially thousands of pending deportations. The injunction 'disrupts sensitive diplomatic, foreign policy and national security efforts', it said in Tuesday's filing.
