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Judge Slams ICE Deportation of Man Tortured by His Government
0 Share Newsweek is a Trust Project member See more of our trusted coverage when you search. Prefer Newsweek on Google to see more of our trusted coverage when you search. The Trump administration deported a Nigerian man despite a standing order protecting him from being returned to the country where an immigration judge found he had previously been tortured by government officials, prompting a federal judge to order the government to explain what it is doing to bring him back to the United States.
Judge Michelle Williams Court of the U.S. District Court for the Central District of California on Thursday granted a temporary restraining order sought by Etinosa Osahon and ordered the government to disclose his current location, custodial status and any steps being taken to return him to the U.S.
Osahon, 49, came to the United States 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.
The man is now hiding in Togo, has contracted malaria and is separated from his wife and three children in California, his attorneys say.
In a withering critique, judge Williams Court said that 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 has contacted the Department of Homeland Security (DHS). the man's attorneys and Nigerian authorities for comment.
According to the 2012 immigration court decision, which Judge Williams Court summarized 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 United States under an order of supervision for the next 14 years. Court filings say he consistently reported to Immigration and Customs Enforcement appointments, never missed a check-in, and was never cited for violating the terms of his supervision. During that time, he married a U.S. citizen, and the couple had three children, all U.S. citizens.
The lawsuit alleges 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 neighboring Togo, where he remains in hiding, according to court filings.
The court said Osahon alleges he has contracted malaria, lacks legal immigration status in Togo, cannot legally work, and has limited access to medical care.
Government lawyers argued the case should be dismissed because Osahon had already been removed from the United States before filing his habeas petition. Judge Williams 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, Williams Court found Osahon is 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.
"The present case is, unfortunately, strikingly similar to Abrego Garcia v. Noem," Williams Court wrote, referring to the high-profile wrongful deportation case of the Salvadorian man who was sent to the notorious CECOT prison.
Judge Williams Court also said that Osahon is 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 United States. A hearing is scheduled for September 4.
Contact Newsweek editors on this story: John Fitzpatrick and Cristina Diciu.
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