EL PASO, TEXAS (KFOX14\/CBS4) \u2014 A federal judge has ordered the Trump administration to return a man deported to Guatemala from El Paso, citing “blatant lawlessness” in the deportation process, according to a court order obtained by KFOX14\/CBS4. <\/p>\n
In an order issued last Friday, U.S. District Judge David Guaderrama ordered the government to return the man to the United States by Dec. 12 and required the government to provide daily updates regarding the process. <\/p>\n
According to the court order, the man, who is a Guatemalan citizen and fled the country in 2012 to escape violence and sought asylum in the U.S., was unlawfully deported to Guatemala despite a court order that allowed him to remain in the U.S. after it was found he was likely to face torture. <\/p>\n
Guaderrama, an El Paso-based Obama appointee, said in his order that the Trump administration acted with “blatant lawlessness” when it deported the man.<\/p>\n
The man, identified as FPP, was detained on Nov. 5 during a regular check-in with Immigration and Customs Enforcement (ICE) in California. He was then transported to El Paso’s Camp East Montana on Nov. 17 and subsequently deported to Guatemala on Nov. 20.<\/p>\n
According to the court order, the man’s attorney, Jennifer Scarborough of Minneapolis, had contacted ICE to remind them of his protected status, filing a petition and a motion for a preliminary injunction, but by the time a court ordered his removal halted, he had already arrived in Guatemala City. <\/p>\n
\u201cThe same day, at 5:00 a.m.MST, ICE transported (FPP) to the (El Paso) airport. At 6:00 a.m, ICE placed him on a flight direct to Guatemala. By the time the court ordered respondents not to remove (FPP), he had arrived in Guatemala City,\u201d Guaderrama wrote in his order.<\/p>\n
The deportation came after a hearing last Wednesday, in which the government \u201cconceded that (FPP) was subject to withholding of removal to Guatemala at the time he was removed, and therefore the physical removal was unlawful,\u201d Guaderrama\u2019s order said.<\/p>\n
According to the order, lawyers for the U.S. Attorney\u2019s Office for the Western District of Texas told Guaderrama at the Wednesday hearing that FPP was \u201ctentatively scheduled\u201d to be returned to the United States the next day, but later said it wouldn\u2019t happen.<\/p>\n
FPP has not been returned to the U.S. and remains in Guatemala, as the court order states, “As far as the Court is aware, (FPP) currently remains in Guatemala.” <\/p>\n
Guaderrama’s ruling stated that the government “independently committed to facilitate his return” despite claiming that Guaderrama “lacks jurisdiction in the habeas framework.” <\/p>\n
The judge has also asserted his jurisdiction over FPP\u2019s request, “which has shifted from challenging his detention to challenging the blatant lawlessness of his removal.”<\/p>\n
While much of FPP’s federal court case remains unavailable to the public as it began as a habeas corpus request, which are typically not public records, Guaderrama’s order provided background on FPP. <\/p>\n
Upon applying for asylum in Hidalgo, Texas, in 2012, FPP was detained by border patrol agents and deemed removable by an immigration judge. <\/p>\n
However, the judge later determined he had “shown it is more likely than not that he will be tortured by, or with the consent or acquiescence of, the Guatemalan government” and granted his application for withholding of removal under the Convention Against Torture. <\/p>\n
This decision allowed him to remain in the U.S., subject to removal to a “third country” other than Guatemala, adhering to the condition that he “report to immigration officials periodically.”<\/p>\n
In 2013, ICE released the man under a supervision order. He has since lived in California for over a decade, complying with the condition, but was detained by ICE this past November during a routine check-in. <\/p>\n
KFOX14\/CBS4 has reached out to DHS and the man’s attorney via email for comment. <\/p>\n
FPP’s case comes after the Trump administration had previously acknowledged deporting several individuals despite court orders, including Kilmar Abrego Garcia, who was deported to El Salvador in March despite an immigration judge’s 2019 order that stated he was likely to face persecution at the hands of a local gang.<\/p>\n
The DHS is seeking to deport Abrego to Liberia, alleging gang affiliation, a charge Abrego denies. <\/p>\n
Abrego’s case has drawn national attention after a judge ordered the administration to return him to the U.S., sparking controversy. <\/p>\n
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