Guatemalan Migrant Returned to U.S. After Wrongful Deportation in Landmark Immigration Case

An Immigration and Customs Enforcement agent stands near an immigrant detention center in Elizabeth, New Jersey, on May 7, 2025

A Guatemalan national wrongfully deported to Mexico under the Trump administration has been returned to the United States, marking a rare compliance with a federal court order demanding the repatriation of a deported migrant. The individual, known by the pseudonym O.C.G., re-entered the U.S. on Wednesday and is now in the custody of Immigration and Customs Enforcement (ICE), according to his legal team.

This case is believed to be the first time the Trump administration has returned a deported migrant following a direct order from a federal judge. The administration had previously resisted such rulings in similar cases.

U.S. District Judge Brian Murphy, who is overseeing the case, ordered O.C.G.’s return last month, concluding that his deportation to Mexico—and later to Guatemala—likely violated due process protections. The judge emphasized that deporting migrants to countries where they have no legal or familial ties without adequate legal safeguards breaches fundamental immigration standards.

Court records show that after initially being deported from the U.S., O.C.G. reentered in 2024 and applied for asylum, citing repeated violent attacks in Guatemala. During his journey to the United States, he was reportedly raped and held for ransom in Mexico. These traumatic experiences were disclosed during his immigration proceedings.

In 2025, an immigration judge ruled that O.C.G. should not be deported back to Guatemala. Despite this decision, he was removed to Mexico just two days later and then transferred to Guatemala, where he filed a sworn declaration stating he was “living in hiding, in constant panic and constant fear.”

O.C.G. alleges that prior to his deportation, he was not granted an opportunity to express his fear of being sent to Mexico, nor was he allowed to consult with legal counsel. The government initially claimed that O.C.G. had no objections to being returned to Mexico, but later withdrew the assertion after failing to produce an official who could confirm the statement.

Judge Murphy’s ruling noted that under immigration law, a non-citizen cannot be deported to a third country—such as Mexico—without additional legal procedures. The judge concluded that the deportation process lacked transparency and due process, justifying his order to bring O.C.G. back to the U.S.

This case follows a string of legal showdowns over the Trump administration's treatment of asylum seekers and deportation protocols. A similar ruling from U.S. District Judge Stephanie Gallagher in another case criticized federal officials for doing “virtually nothing” to return a Venezuelan migrant who had been wrongly deported to a mega-prison in El Salvador.

In Maryland, a separate immigration standoff continues as U.S. District Judge Paula Xinis presses federal authorities for answers in the wrongful deportation of Kilmar Abrego Garcia. The Trump administration has repeatedly stalled compliance with her directive for expedited fact-finding on Garcia’s removal to El Salvador.

These legal battles reflect growing tension between the judiciary and the executive branch over immigration enforcement and the protection of asylum seekers. The return of O.C.G. could serve as a precedent in ongoing litigation surrounding migrant rights, wrongful deportations, and the responsibilities of the federal government under immigration law.