WASHINGTON, D.C. – A serious legal blunder by the Department of Homeland Security (DHS) has sparked concern after the agency admitted to making a “crucial misstatement” in court and, in the process of correcting the error, violated a court order by disclosing a plaintiff’s identity, according to court filings and legal experts.
The case involves a plaintiff, identified in court documents as O.C.G., who is part of a broader class-action lawsuit concerning deportations to countries where individuals face a risk of torture or persecution. On Sunday, attorneys for O.C.G. filed a legal brief requesting “immediate injunctive relief to protect him from an ongoing risk of imminent harm.”
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The legal team noted that while the government has acknowledged providing inaccurate information to the court, specifically about whether O.C.G. had been properly notified and whether he had expressed fear of deportation, DHS has still not taken steps to return him to safety.
“Despite Defendants now acknowledging that they made misrepresentations to the Court regarding the notice provided to him and regarding his alleged statement that he had no fear of being removed to Mexico, Defendants have refused to commit to immediately facilitate his return,” the plaintiff’s attorneys stated.
Adding to the severity of the situation, the brief accused DHS of publicly revealing O.C.G.’s identity in court filings, exposing him to greater risk.
“Moreover, Defendants have greatly exacerbated the risk of harm to Plaintiff O.C.G. through their disclosure of his identity on the public docket, which already had garnered media attention and heightened the threat to his life and safety by the time Defendants took steps to correct that filing,” the brief continued.
According to the filing, O.C.G. was deported to Mexico without adequate notice or an opportunity to present his fear-based claims, a move that his attorneys argue was both unlawful and dangerous. “Defendants’ unlawful deportation of Plaintiff O.C.G. to Mexico without notice or an opportunity to present his fear claim to that country placed him in serious danger of irreparable harm before that harm was compounded by the disclosure of his identity,” the document stated.
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Legal analyst Roger Parloff summarized the situation, saying, “In correcting an earlier (crucial) misstatement about Guatemalan OCG, whom government removed to Mexico and who is now hiding in Guatemala due to fear of persecution, government inadvertently identified OCG’s name, violating court order and heightening the danger OCG’s in.”
Parloff further explained, “Complicated background, but OCG is a named plaintiff in the DVD class action, which is trying to prevent aliens from being removed to 3d countries without an opportunity to raise and litigate claims of fear of persecution and torture.” The case continues to unfold as the court considers emergency action to protect the plaintiff.
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