Judge rejects DHS request and reconsiders the return order of Guatemalan exile
A federal judge rejected a request from Ministry of Homeland Security (DHS) Calls the Trump administration to return Guatemalan exiles to the United States to reconsider his orders to “take all immediate measures.”
The decision by U.S. District Judge Brian Murphy in Massachusetts will come after him Last week, the verdict was issued. The removal of individuals identified only as OCGs says that they are “lack of a legitimate process.”
“In general, this case does not present any particular facts or legal situations. There is only the mediocre fear that a man was unfairly loaded onto a bus and sent back to a country that was allegedly raped and lured,” Murphy wrote Friday.
“The defendant is ordered to take all immediate action, including coordination with plaintiff’s lawyers, to facilitate the OCG’s return to the United States,” he added.
Brian Murphy is currently undergoing a confirmation hearing before the Senate Judiciary Committee in April 2024. (Senate Judiciary Committee)
In the filing, Murphy described the OCG with natives and citizens of Guatemalan who first joined the US in March 2024 “without proper approval.”
“OCG claims he presented himself. Asylum at the border The interview was denied. In any case, he was deported to Guatemala shortly afterwards. In April 2024, OCG decided to try again and crossed Mexico on its way to the US. There he was raped and held hostages until his family paid the ransom,” Filing said.
Reading the judge’s orders – App users, please click here:
“In May 2024, the OCG arrived again in the US and was arrested by the Border Patrol. However, this time he was introduced to an asylum officer after expressing his fear of returning to Guatemala. The officer determined that the OCG had a reliable fear of persecution or torture and began the withholding only process, according to Guatemala.
“Two days after being allowed to withhold tax for removal, without any advanced warning, the OCG was placed on the bus and sent to Mexico. According to the OCG, he asked the officer to call him an attorney, but was denied.
Homeland Security Secretary Christie Noem testifies before the May 6th Homeland Security Committee hearing on Homeland Security oversight. (Reuters/Kevin Lamarck)
“In Mexico, the OCG was given the option of being detained indefinitely while trying to obtain asylum there – a country he claims to be at a serious risk of violence – or sent back to Guatemala – an immigration judge awarded the immigration judge that he had removed him for removal at risk of persecution.
“Yesterday, the OCG filed a declaration informing the court of his current position. He reports that he is constantly living in fear of the attacker, unable to leave his place of stay, unable to rely on police to protect him, and unable to see his mother for fear of being exposed to violence,” Murphy also wrote.
“The American asylum system was not intended to be used as a de facto amnesty program or a card without a catchall or depaulette,” DHS said.
“The person in question was an illegally present alien who was allowed to withhold the removal to Guatemala. Instead, he was taken away to Mexico, a third safe option for him. Decision.
“The Trump administration has committed to bringing our asylum system back to its original intentions.”
Returning from El Salvador after not meeting Maryland Rep. Kilmer Abrego Garcia
A federal judge has issued a court order sought from the Trump administration to “take all immediate action” to bring Guatemalan exiles back to the United States (Bill Pugliano)
The order returning the OCG from Murphy comes in response to a class action lawsuit filed on behalf of him and three other plaintiffs, who were identified as immigrants from Cuba, Ecuador and Honduras, a resident of Massachusetts and Texas.
“The plaintiffs and proposed rank members were non-citizens with final removal orders arising from lawsuits notified that they could be deported to designated elimination countries (usually their country of origin), and in some cases, alternative countries to elimination (usually citizens or to which they hold status) had the opportunity to contest the opportunity to appeal to the elimination countries.
“They can file this class action lawsuit and fight for death if they are repatriated to that third country, seeking deportation, or a country that has never been designated a third country, based on persecution, torture, or even death, if they are repatriated to that third country without providing the opportunity to first offer them a notice or appointment.”
“The DHS’s policy or practice of not providing basic and minimal protection violates the Immigration and Nationality Act, the Foreign Affairs Reform and Restructuring Act of 1998, due process provisions of the fifth amendment, and the US treaty obligations.”
Click here to get the Fox News app
The attorneys representing the four plaintiffs did not immediately respond to requests for comment from Fox News Digital on Wednesday.