Judge Brian Murphy criticized the government for errors in the case and said the man, who feared persecution if he was deported, was likely to show “his removal lacked any semblance of due process.”
A federal judge ordered the Trump administration late Friday night to facilitate the return of a Guatemalan man who had been deported to Mexico, despite fearing persecution and having told U.S. authorities about the violence he had experienced there.
The man, known by the initials O.C.G., is gay and is now living in hiding in Guatemala, “in constant panic and constant fear,” according to a sworn declaration. “I can’t be gay here, which means I cannot be myself.”
The ruling, by Judge Brian E. Murphy of the U.S. District Court in Boston, criticized the government for first claiming that O.C.G. had said he was not afraid of being sent to Mexico, where he said he was raped and held captive, but later admitting that it was “unable to identify” the officials to whom he had supposedly made that statement.
Judge Murphy also found that O.C.G. was likely to “succeed in showing that his removal lacked any semblance of due process.”
The decision added another flashpoint to the high-stakes battle over President Trump’s deportation policies playing out across the federal courts. A string of judges has faulted the administration for a lack of adequate due process or otherwise carrying out deportations in ways that exceed the president’s authority. Mr. Trump and his aides, in turn, have questioned the authority of courts to hear such cases and even called for the impeachment of judges who rule against them.
Perhaps the case closest to O.C.G.’s is that of Kilmar Armando Abrego Garcia, a mistakenly deported Maryland man. It raises questions about the likelihood of O.C.G.’s return to the United States, despite Judge Murphy’s order. In both cases, a federal judge has instructed the Trump administration to correct its own admitted mistake and seek the men’s return. Mr. Abrego Garcia remains in a prison in El Salvador.
