A JUDGE in the United States (US) District Court for the Central District of California, Michelle Williams Court, has criticised the President Donald Trump administration for deporting a Nigerian, Etinosa Osahon, despite a standing order protecting him from being returned to Nigeria.
The order was earlier given by an immigration Judge, who found that Osahon had previously been tortured by government officials, prompting a federal Judge to order the government to explain what it was doing to bring him back to the US.
According to Newsweek, Judge, on Thursday, August 27, granted a temporary restraining order sought by Osahon and ordered the government to disclose his current location, custodial status and any steps being taken to return him to the US.
Osahon, 49, came to the US as a lawful permanent resident in May 2002, according to court filings reviewed by Newsweek. He was later convicted in a federal scheme involving stolen mail, bank fraud and aggravated identity theft, per the filings.
Although an immigration Judge found him removable, the court granted him protection under the Convention Against Torture in 2012 after determining he had previously been tortured in Nigeria and would likely face torture again if returned there.
He is reportedly now hiding in Togo and has contracted malaria and separated from his wife and three children in California, his attorneys said.
In a withering critique, Judge Court said federal officials appeared to have acted “in flagrant violation of their own regulations and the Fifth Amendment’s Due Process protections” by deporting Osahon without the procedural safeguards required by law.
Newsweek had contacted the Department of Homeland Security (DHS), Osahon’s attorneys and Nigerian authorities for comment.
According to the 2012 immigration court decision, which Judge Court summarised in her ruling, Nigerian government officials tortured Osahon on two occasions.
He was detained without trial, tied to a tree, forced to stare at the sun, beaten and hung from a ceiling while officials attempted to extract a confession.
Osahon remained in the USs under an order of supervision for the next 14 years. Court filings said he consistently reported to ICE appointments, never missed a check-in and was never cited for violating the terms of his supervision.
During that time, he married a US citizen and the couple had three children, all US citizens.
The lawsuit alleged that after receiving an email directing him to report to ICE’s Los Angeles field office on May 21, Osahon appeared, believing it was a routine appointment.
Instead, he was taken into custody and transported through a series of detention facilities before being flown to Ghana.
According to the complaint, Ghanaian authorities later informed him that his final destination was Nigeria. Osahon objected, saying he was protected from removal under the Convention Against Torture and could not be returned there.
He ultimately ended up in neighbouring Togo, where he remains in hiding, according to court filings.
The court said Osahon alleged that he has contracted malaria, lacks legal immigration status in Togo, cannot legally work and has limited access to medical care.
However, government lawyers argued that the case should be dismissed, because Osahon had already been removed from the US before filing his habeas petition.
Judge Court agreed that the habeas claims could not proceed because he was no longer in custody when the petition was filed, but converted the matter into a civil lawsuit and allowed his constitutional and statutory claims to move forward.
In her ruling, Court found Osahon was likely to succeed on claims that ICE failed to follow regulations governing the revocation of his order of supervision and the termination of his Convention Against Torture protections.
The Judge noted that the government submitted no evidence showing it followed those procedures before removing him, adding: “The present case is, unfortunately, strikingly similar to Abrego Garcia v. Noem,” referring to the high-profile wrongful deportation case of the Salvadorian man who was sent to the notorious CECOT prison.
The Judge also said Osahon was likely to prevail on his due process claims, finding there is no evidence that he received notice explaining why his supervision was being revoked or that he was allowed to challenge his removal.
The ruling bars the government from taking further steps to facilitate Osahon’s transfer to Nigeria and requires officials to preserve records related to his detention, transfer and removal.
The court ordered the government to file a declaration by September 3 addressing Osahon’s whereabouts and detailing what actions, if any, are being taken to facilitate his return to the US.
A hearing is scheduled for September 4.
