A Guatemalan man, referenced as O.C.G. in ongoing legal proceedings, has made his way back to the United States following a judge’s ruling that he was deported without due process by the Trump administration.
His legal team confirmed to CBS News that he successfully landed in the U.S. today and reached out to them shortly thereafter.
Trina Realmuto, one of O.C.G.’s attorneys and executive director of the National Immigration Litigation Alliance, expressed relief over the decision and the man’s return.
Just last month, the Trump administration initiated steps to secure a charter flight to bring O.C.G. back to the United States after U.S. District Judge Brian Murphy of Boston mandated his return.
This case marks a significant instance as it is reportedly the first time under the Trump administration that someone has been returned to the U.S. following a judge’s order, suggesting a potential shift in how certain deportation cases are handled in light of judicial review.
Realmuto conveyed that upon his return, O.C.G. would likely be placed into government custody as he seeks asylum from persecution, emphasizing his mix of anxiety and gratitude for being back on U.S. soil.
O.C.G. has no criminal background and sought asylum in the U.S. after becoming a target for violence in Guatemala.
Documents indicate that he first entered the U.S. illegally in March 2024 before facing deportation.
Following this, O.C.G. attempted to return to the U.S. and presented himself to Border Patrol to seek asylum, resulting in an immigration judge’s ruling in February 2025 that he would likely face serious harm if returned to Guatemala.
The judge ordered a withholding of removal, meaning that O.C.G. could not be deported back to his home country.
However, just two days after the ruling, O.C.G. found himself placed on a bus and deported without due process to Mexico; he had previously been held for ransom and experienced severe abuse during his earlier attempts to reach the U.S.
At his immigration hearing, he provided evidence of the danger he faced in Mexico, leading the judge to establish that O.C.G. could not be deported to a nation other than Guatemala without additional legal steps.
After U.S. authorities expelled him to Mexico, Mexican officials subsequently sent him back to Guatemala, where he remained in hiding until his recent return.
Judge Murphy noted in his decision that the immigration judge had clearly stated O.C.G. could not be sent to any other country except Guatemala without further proceedings.
Murphy said: “The necessary steps, and O.C.G.’s pleas for help, were ignored,” highlighting a failure of due process in the handling of O.C.G.’s removal.
Previously, Murphy had mandated further fact-finding for the case after a mention by the Trump administration that O.C.G. had expressed no fear of being sent to Mexico.
In contrast, O.C.G. submitted his own affidavit, asserting he was informed at the last moment about his removal and denied a chance to consult with his attorneys prior to his expulsion.
The Justice Department later conceded to Judge Murphy that they could not confirm their previous statements about O.C.G.’s supposed lack of fear regarding his transfer.
Murphy observed, “The only evidence before the Court therefore is O.C.G.’s uncontroverted assertion that he was given no notice of his transfer to Mexico…”
He added, “Defendants’ retraction of their prior sworn statement makes inexorable the already-strong conclusion that O.C.G. is likely to succeed in showing that his removal lacked any semblance of due process.”
Realmuto’s team is also focusing on eight other defendants involved in the same case, who were reportedly deported without due process to East Africa, specifically targeting South Sudan.
Currently, they remain in Djibouti, where Murphy has ordered the government to maintain custody and control over them as they undergo reasonable fear interviews to assess potential risks of harm in their home country.
If they do not meet the reasonable fear criteria, they will be given at least 15 days to contest their removal.
Murphy clarified that the migrants can be held either in the U.S. or abroad, as long as the government maintains custody of them.
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