berg80
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- Oct 28, 2017
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This Is Effed Up On So Many Levels
In an important federal case in Massachusetts over whether deportees can be sent to third countries rather than their countries of origin, the Trump administration admitted Friday to a grievous error and managed to compound it in the process.It’s a bit complicated so let me boil it down to its essentials:
- Background: A gay Guatemalan national who had a U.S. immigration judge order barring his removal to his home country because he feared continued persecution was instead deported to Mexico in February by the Trump administration, partly on the grounds that he had told ICE that he didn’t fear being sent to Mexico. That was odd because the man, identified only by the initials O.C.G., had previously testified that he had been targeted and raped in Mexico, his lawyers say.
- Thursday: The Trump DOJ abruptly cancelled the scheduled deposition of an ICE official “whom Defendants previously identified as giving Plaintiff O.C.G. notice of deportation to Mexico and recording his response of lack of fear,” O.C.G.’s lawyers later told the court.
- Friday: The Trump DOJ filed a “Notice of Errata” admitting that during the judge’s ordered discovery in the case it had been unable to “identify any officer who asked O.C.G. whether he had a fear of return to Mexico.” A key factual element of the Trump administration’s case had evaporated. But it got worse …
- Sunday: Lawyers for the deportee – who is now in hiding in Guatemala because he fears persecution as a gay man – filed an emergency motion pointing out, among other things, that the government’s filing about its own error revealed the deportees name and other information, further jeopardizing his safety despite a court order anonymizing his identifying information.
This case may ultimately yield the third court order for the Trump administration to “facilitate” the return of a wrongfully deported foreign national.

Trump DOJ Admits It Used Bogus Info In Key Deportation Case
A lot of things happened. Here are some of the things. This...
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