Guatemalan man is first deportee to return to the US by court order

A Guatemalan immigrant expelled by the U.S. administration to Mexico returned to the United States, his lawyers confirmed Thursday to several media outlets, making him the first deportee to return to the country by court order.

According to court documents, O.C.G., identified only by his initials, entered the U.S. without a visa in March 2024 and was deported shortly thereafter to Guatemala. The following month he tried again and crossed into Mexico, where he was "raped and held hostage until a family member paid the ransom."

In May 2024, O.C.G. arrived in the country again and was arrested by the border patrol. This time an officer deemed that there was a credible fear of persecution or torture and initiated immigration proceedings.

"Withholding of removal to Guatemala"

In February 2025 an immigration judge granted him "withholding of removal to Guatemala." The Guatemalan asked if he could be sent to Mexico and the immigration judge told him no, according to court documents.

"Two days after he was granted withholding of removal, and without notice, O.C.G. was put on a bus and sent to Mexico," where he was given the option of staying there or going to Guatemala, they add.

O.C.G. opted for his country and lived in hiding in Guatemala while his case was being litigated in the U.S.

The first to be returned by a court order

On May 23, Judge Brian E. Murphy ordered President Donald Trump's Administration to "take all immediate steps" to "facilitate the return of O.C.G. to the United States."

On May 28, the administration informed the court that the local Phoenix branch of Immigration and Customs Enforcement's (ICE) detention and deportation office contacted the Guatemalan's lawyers and that he would be returning on a flight.

He arrived in California on a commercial flight and was immediately detained by ICE, one of the lawyers told The Washington Post.

He thus became the first wrongful deportee to be returned by a court order.