A Guatemalan immigrant mistakenly deported to Mexico has been returned to the United States, in what appears to be the first case of the Trump administration repatriating a migrant following a federal judge’s order.
The immigrant, identified only as OCG in court documents, arrived back in the U.S. on Wednesday and contacted his legal team to challenge the administration’s policy of deporting migrants to countries with which they have no established ties, according to Trina Realmuto, executive director of the National Immigration Litigation Alliance.
Realmuto confirmed to CNN that OCG is currently held in Immigration and Customs Enforcement (ICE) custody.
Last week, the Trump administration stated in court filings that it is “working to deport” OCG after facing similar court orders that rejected government efforts to facilitate returns for other migrants of color who had been wrongly deported.
A Department of Homeland Security spokesperson, Tricia McLaughlin, told CNN, “This individual is an undocumented foreign national granted deferred removal to Guatemala. However, he was deported to Mexico, considered a safe third country. A federal judge ordered his return so he can demonstrate why he should be allowed to seek asylum in a country with which he has no prior connection.”
She added, “The Trump administration is committed to restoring integrity to our asylum system.”
The case follows a May 21 incident where federal agents detained a suspect outside the Phoenix immigration court after a hearing.
U.S. District Judge Brian Murphy is presiding over a case involving migrants deported to countries other than their home nations. Last month, Murphy ordered OCG’s return to the U.S., ruling that his deportation first to Mexico, then Guatemala, may have violated due process rights.
Court records show OCG first entered the U.S. in 2024 and was deported before reentering to seek asylum due to multiple violent attacks in Guatemala. During his second journey, OCG was reportedly raped and extorted in Mexico, details he disclosed to an immigration judge.
In 2025, a judge ruled against deporting OCG to Guatemala. Despite this, two days later, he was deported to Mexico pursuant to Murphy’s order.
OCG was later transferred to Guatemala, where he submitted a statement last month describing a life spent in hiding and constant fear. He said he was denied the opportunity to express fear about being sent to Mexico and that his requests to consult lawyers before removal were refused.
Initially, the government claimed OCG expressed no concern about deportation to Mexico before his removal, but later withdrew the assertion due to lack of supporting testimony.
Judge Murphy noted that OCG did voice fears of deportation to Mexico during immigration proceedings but was told such removal requires additional legal steps since Mexico is not his home country.
Murphy’s ruling came days after an appeals court denied the Trump administration’s request to facilitate deporting a 20-year-old Venezuelan immigrant who was mistakenly sent to El Salvador earlier this year.
At a recent hearing, U.S. District Judge Stephanie Gallagher criticized officials for taking “almost no steps” to comply with her order to assist the immigrant’s return from a large prison in El Salvador to continue his asylum process.
In a related matter, the Trump administration faces ongoing legal resistance from U.S. District Judge Paula Xinis of Maryland regarding her order to aid the return of Kilmar Abrego Garcia, who was erroneously deported in March.
Judge Xinis has repeatedly faced obstruction from the Justice Department and Trump administration officials, who have hindered a swift investigation into government efforts to bring Abrego Garcia back from El Salvador.
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