first reported by Politico<\/a>.<\/p>\nMuch of the federal court record regarding Pablo\u2019s case is not available to the public because it began as a habeas corpus requests. Those requests generally aren\u2019t public records.<\/p>\n
But in his order, Guaderrama said Pablo fled violence in Guatemala in 2012 and sought asylum in the United States.<\/p>\n
An immigration judge found that Pablo was removable from the United States, but \u201cfound that Pablo Pablo had \u2018shown it is more likely than not that he will be tortured by, or with the consent or acquiescence of, the Guatemalan government\u2019 and granted his application for withholding of removal under the Convention Against Torture.\u201d<\/p>\n
The immigration judge\u2019s ruling barred Pablo\u2019s deportation to Guatemala, but does allow him to be deported to another country that would accept him. Such third-party deportations have been rare in recent decades, though the Trump administration has increased their use this year.<\/p>\n
Pablo was released by Immigration and Customs Enforcement in 2013 under an order of supervision that required him to regularly check in with ICE. He complied with that requirement and has been living in California for more than a decade, Guaderrama wrote.\u00a0<\/p>\n
Pablo was detained Nov. 5 at a regular check-in \u201cwithout notice or explanation,\u201d the judge said. His attorney promptly contacted ICE to remind them of the immigration judge\u2019s order prohibiting his deportation to Guatemala.<\/p>\n
On Nov. 17, Pablo was sent to ICE\u2019s Camp East Montana at Fort Bliss \u201cfor staging of removal to Guatemala,\u201d Guaderrama wrote.<\/p>\n
His lawyer, Jennifer Scarborough of Minneapolis, filed a petition for writ of habeas corpus the next day, seeking to have the government produce her client. She filed a motion for a preliminary injunction Nov. 20 to bar the government from moving him outside the Western District of Texas until Guaderrama could hear the habeas corpus motion.<\/p>\n
\u201cThe same day, at 5:00 a.m.MST, ICE transported Pablo Pablo to the (El Paso) airport. At 6:00\u00a0 a.m, ICE placed him on a flight direct to Guatemala. By the time the court ordered respondents not to remove Pablo Pablo, he had arrived in Guatemala City,\u201d Guaderrama wrote in his order.<\/p>\n
The government told Guaderrama he \u201clacks jurisdiction in the habeas framework\u201d to order Pablo\u2019s return to the United States, but \u201cindependently committed to facilitate his return.\u201d<\/p>\n
Guaderrama\u2019s ruling said he has jurisdiction over Pablo\u2019s request, \u201cwhich has shifted from challenging his detention to challenging the blatant lawlessness of his removal.\u201d<\/p>\n
The Trump administration has acknowledged deporting several people to their home countries despite court orders barring such actions. The most prominent was Kilmar Abrego Garcia,\u00a0 a Maryland resident who was deported to El Salvador in March and later returned to the United States despite fierce opposition by the Trump administration.<\/p>\n
The Department of Homeland Security is seeking to deport Abrego to Liberia<\/a>, alleging he is a gang member, a charge Abrego has denied.<\/p>\nRelated<\/p>\n
LISTEN: EL PASO MATTERS PODCAST<\/p>\n","protected":false},"excerpt":{"rendered":"The Trump administration acted with \u201cblatant lawlessness\u201d when it deported a man to Guatemala from El Paso despite…\n","protected":false},"author":2,"featured_media":78525,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12],"tags":[138,140,139,1724],"class_list":["post-78524","post","type-post","status-publish","format-standard","has-post-thumbnail","category-el-paso","tag-el-paso","tag-el-paso-headlines","tag-el-paso-news","tag-immigration"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts\/78524","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/comments?post=78524"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts\/78524\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/media\/78525"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/media?parent=78524"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/categories?post=78524"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/tags?post=78524"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}