Tag Archives: Judge Brian E. Murphy

Reason: ‘Banal Horror’: Asylum Case Deals Trump Yet Another Loss on Due Process

Posted on by
Reply

President Trump is entitled to try to execute his immigration policy. He is not entitled, however, to violate the Constitution.

The Trump administration this week formally agreed to comply with a ruling that ordered it to facilitate the return of a migrant who was unlawfully deported—in what was another loss for the government as it attempts to subvert basic due process rights in immigration proceedings.

The migrant—named in court documents as O.C.G., who has no criminal history—arrived in the U.S. in May 2024 and sought asylum. An officer agreed he had a credible fear of persecution and torture if returned to Guatemala; a judge assented as well and granted him withholding of removal to that country.

During his proceedings, when he asked if he might be sent to Mexico, a judge replied: “We cannot send you back to Mexico, sir, because you’re a native of Guatemala.” Deportations to a nonnative country legally require, at a minimum, additional steps in the process.

That was particularly relevant to O.C.G.’s case, because, as he testified in court, he claims to have been held for ransom and raped while passing through Mexico, securing release only after a family member paid the sum. Yet two days after his withholding of removal was granted, the government unlawfully deported him—without a chance to contest it—to Mexico, after which he returned to Guatemala, where his attorneys say he lives in hiding and in fear of serious harm.

‘Banal horror’: Asylum case deals Trump yet another loss on due process
The Trump administration this week formally agreed to comply with a ruling that ordered it to facilitate the return of a migrant who was unlawfully

https://reason.com/2025/05/29/banal-horror-asylum-case-deals-trump-yet-another-loss-on-due-process

Raw Story: Furious judge mulls criminal contempt as Trump admin found to have blatantly ignored order

Posted on by
Reply

A federal judge found the Trump administration violated his order from last month blocking officials from deporting foreign nationals to countries that aren’t their own without giving them a chance to challenge their removal.

Boston-based federal judge Brian E. Murphy strongly rebuked the administration Wednesday when he ruled on an emergency motion filed by men who may have been deported to South Sudan, a violence-plagued nation they had never visited. It’s not clear whether the court will impose any punishment on Donald Trump’s officials, reported the New York Times.

“The department’s actions in this case are unquestionably violative of this court’s order,” Murphy said.

Homeland security officials told the judge that eight migrants had been deported Tuesday on a flight to a third country but refused to say where they were sent, and Murphy noted the government had given them less than 24 hours notice that they were being removed, which the judge said was “plainly insufficient.”

…

Two sources told the Times the flight carrying the men – who DHS said are were citizens of Burma, Cuba, Laos, Mexico, South Sudan and Vietnam – had landed in east African nation of Djibouti and that U.S. military personnel were standing by to assist in their detention, if necessary.

Furious judge mulls criminal contempt as Trump admin found to have blatantly ignored order

https://www.rawstory.com/south-sudan-trump

Law & Crime: ‘Unquestionably violative of this court’s order’: Judge upbraids Trump admin for deporting migrants to war-torn third country without due process

Posted on by
Reply

A federal judge on Wednesday said that the Trump administration had “unquestionably” violated his order by deporting several migrants to South Sudan — a country from which none of the migrants are from — without due process or a reasonable opportunity to raise concerns of their fear of the war-torn nation, an action he said could amount to criminal contempt of court.

U.S. District Judge Brian E. Murphy upbraided attorneys from the Justice Department, accusing them of ignoring the “long history” of legal precedent surrounding due process rights as well as recent orders from the U.S. Supreme Court when they sent seven men to South Sudan with less than 24 hours notice.

Murphy last month issued a preliminary injunction barring the government from deporting migrants to third countries without giving them a “reasonable opportunity” to raise concerns about that country and the possible violence they could face.

Murphy scheduled a hearing after an emergency motion filed by attorneys for the plaintiffs informed the court that at least two of their clients had been notified on Monday evening that they were being removed to South Sudan and were transported out of ICE facilities at around 9:30 a.m. Tuesday morning.

“The department’s actions in this case are unquestionably violative of this court’s order,” Murphy said at Wednesday’s hearing. “It is plain to me that an ‘opportunity to be heard’ of only several hours that were not during business hours, where you couldn’t raise consult with your attorney or your family is insufficient. It was impossible for these people to have a meaningful opportunity to object to their removal to South Sudan.”

Murphy emphasized that even the Supreme Court justices recently confirmed that 24 hours of notice is “plainly insufficient” for the purpose of due process, stating, “I don’t see how anybody could think these people had a reasonable chance to object.”

Judge slams Trump admin for ‘unquestionably’ violating order on third-country deportations
A federal judge on Wednesday said that the Trump administration had “unquestionably” violated his order by deporting several migrants to South Sudan without due process.
‘Unquestionably violative of this court’s order’: Judge upbraids Trump admin for deporting migrants to war-torn third country without due process

Associated Press: ‘Unquestionably in violation’: Judge says US government didn’t follow court order on deportations

Posted on by
Reply

The White House violated a court order on deportations to third countries with a flight linked to the chaotic African nation of South Sudan, a federal judge said Wednesday, hours after the Trump administration said it had expelled eight immigrants convicted of violent crimes in the United States but refused to reveal where they would end up. The judge’s statement was a notably strong rebuke to the government’s attempts to manage immigration.

In an emergency hearing he called to address reports that immigrants had been sent to South Sudan, Judge Brian E. Murphy in Boston said the eight migrants aboard the plane were not given a meaningful opportunity to object that the deportation could put them in danger. Minutes before the hearing, administration officials accused “activist judges” of advocating the release of dangerous criminals.

“The department actions in this case are unquestionably in violation of this court’s order,” Murphy said Wednesday, arguing that the deportees didn’t have “meaningful opportunity” to object to being sent to South Sudan. The group was flown out of the United States just hours after getting notice, leaving them no chance to contact lawyers who could object in court.

‘Unquestionably in violation’: Judge says US government didn’t follow court order on deportations
A federal judge says the White House violated a court order on deportations to third countries with a flight linked to the chaotic nation of South Sudan.

https://apnews.com/article/deportation-immigration-south-sudan-department-of-homeland-security-a09612dbd055c5d1d88902c415bdf3e6

Washington Examiner: Judge rules Trump administration violated court order with migrant flight to Africa

Posted on by
Reply

A federal judge ruled that the Trump administration violated an order he issued last month barring officials from deporting people to countries they are not from without first giving them an adequate chance to object to their removal.

The decision from Judge Brian E. Murphy came after a hearing in Boston to consider an emergency motion filed by lawyers on behalf of a group of men who they said were being deported and sent to South Sudan.

When the hearing began, officials from the Department of Homeland Security said eight immigrants were deported Tuesday on a flight. The officials did not say which country the men were being sent to.

Murphy said the government gave the deported men just over 24 hours’ notice that they were being removed from the country. He called the time frame “plainly insufficient.” 

“The department’s actions in this case are unquestionably violative of this court’s order,” he said.

And King Donald gets bent all out of shape:

The Trump administration slammed Murphy as an “activist judge” after the hearing, accusing him of trying to protect “criminal illegal immigrant monsters.”

“A local judge in Massachusetts is trying to force the United States to bring back these uniquely barbaric monsters …

No, King Donald, they are human beings just like you and I, and they are entitled to their day in court.

Judge rules Trump administration violated court order with migrant flight to Africa
The Trump administration slammed Judge Brian E. Murphy as an “activist judge” after the hearing, accusing him of trying to protect “criminal illegal immigrant monsters.”
Judge rules Trump administration violated court order with migrant flight to Africa

Also here (no paywall):

Judge rules Trump administration violated court order with migrant flight to Africa
A federal judge ruled that the Trump administration violated an order he issued last month barring officials from deporting people to countries they are not from without first giving them an adequate chance to object to their removal. The decision from Judge Brian E. Murphy came after a hearing in Boston to consider an emergency […]

https://www.msn.com/en-us/news/world/judge-rules-trump-administration-violated-court-order-with-migrant-flight-to-africa/ar-AA1FdWGa