Judge Forces US to Bring Back Detained Guatemalan Man Facing Persecution

Judge Orders Trump Officials to Seek Return of Guatemalan Man to U.S.

A federal judge has ordered the Trump administration to bring a Guatemalan man back to the United States. This man, known as O.C.G., was previously deported to Mexico despite expressing fears of persecution.

Seeking Safety, Finding Fear

O.C.G. is gay and is now living in hiding in Guatemala, constantly afraid for his safety. He fears he won’t be able to live openly as himself in his home country. According to a sworn declaration, he stated, “I can’t be gay here, which means I cannot be myself.”

Government’s Conflicting Claims

Judge Brian E. Murphy of the U.S. District Court in Boston criticized the government’s handling of O.C.G.’s case. Initially, the government claimed that O.C.G. had stated he wasn’t afraid of being sent to Mexico, where he had previously been raped and held captive. However, they later admitted they couldn’t identify the officials to whom he supposedly made that statement.

Lack of Due Process

Judge Murphy also ruled that O.C.G. was likely to prove that his deportation lacked due process.