A Guatemalan man, referred to in court documents as O.C.G., has returned to the United States after a federal judge ordered his reinstatement due to concerns over due process. His attorney, Trina Realmuto, announced on Wednesday that O.C.G. arrived in the U.S. just hours earlier and immediately contacted his legal team. He is expected to be taken into federal custody.

O.C.G. was deported to Mexico in February by the Trump administration, despite a federal judge granting him a withholding of removal just two days prior. This legal order prevents deportation to a country where an individual’s life or freedom may be threatened. According to court documents, O.C.G. had previously endured severe trauma, including being held for ransom and raped while traveling north to the U.S.

U.S. District Judge Brian E. Murphy, who presides over the District of Massachusetts, ruled in May that O.C.G.’s deportation likely violated his due process rights. Murphy stated, "The likelihood that O.C.G. is correct in asserting that his due-process rights were violated... has long hovered near certainty." He criticized the government for failing to provide evidence that due process was followed during O.C.G.'s deportation.

O.C.G. fled Guatemala in March 2024, citing persecution and torture. After his initial asylum claim was denied, he attempted to reach the U.S. again. While in Mexico, he faced multiple violent attacks, including being raped and targeted for being gay. In May 2024, a U.S. asylum officer determined that O.C.G. had a reasonable fear of returning to Guatemala, leading to his detention for further proceedings.

Despite the judge's order, O.C.G. was placed on a bus to Mexico shortly after being granted withholding of removal. He was subsequently sent back to Guatemala, where he went into hiding until his return to the U.S. on Wednesday.

O.C.G. is not alone in this situation. Other individuals, such as Kilmar Abrego Garcia and Venezuelan national Daniel Lozano-Camargo, have also been deported under similar circumstances, only to have federal judges order their return. The Trump administration's handling of these cases has raised significant legal and ethical questions regarding the treatment of asylum seekers.