The Trump administration deported Etinosa Osahon, a Nigerian man, despite an existing order protecting him from being returned to Nigeria, where he had previously been tortured by government officials. This led a federal judge to demand the government explain efforts to bring him back to the United States.
Judge Michelle Williams Court of the U.S. District Court for the Central District of California recently granted a temporary restraining order that Osahon sought. She instructed the government to disclose his current location, custodial status, and any actions being taken for his return.
Background
Osahon, aged 49, came to the U.S. as a lawful permanent resident in May 2002. According to court documents reviewed by Newsweek, he was later convicted in a federal case involving stolen mail, bank fraud, and identity theft. An immigration judge deemed him removable, yet in 2012, protected him under the Convention Against Torture due to the likelihood of facing torture again in Nigeria.
Currently hiding in Togo, Osahon has contracted malaria and is separated from his wife and three children residing in California, according to his attorneys.
Judge Williams Court criticized the federal officials for acting “in flagrant violation of their own regulations and the Fifth Amendment’s Due Process protections” by deporting Osahon without complying with necessary legal procedures. Newsweek has reached out to the Department of Homeland Security, Osahon’s legal team, and Nigerian authorities for their comments.
Tortured in Nigeria
The 2012 immigration court decision, summarized by Judge Williams Court, detailed the torture Osahon endured in Nigeria. Government officials detained him without trial, tied him to a tree, forced him to stare at the sun, beat him, and hung him from a ceiling in efforts to extract a confession.
Osahon lived in the United States under an order of supervision for 14 years. He consistently met his Immigration and Customs Enforcement appointments, never missed check-ins, and complied with his supervision conditions. During this period, he married a U.S. citizen, and they had three children, all of whom are U.S. citizens.
According to the lawsuit, Osahon received an email to report to ICE’s Los Angeles field office on May 21, believing it to be a routine appointment. However, he was taken into custody and moved through various detention facilities before being flown to Ghana. Ghanaian authorities informed him his final destination was Nigeria. Osahon objected, citing his protection under the Convention Against Torture. He ended up in neighboring Togo, in hiding as per court records.
Legal documents state that Osahon alleges he has contracted malaria, lacks legal immigration status in Togo, is unable to work legally, and faces limited access to medical care.
Government lawyers sought case dismissal, arguing Osahon was removed before filing his habeas petition. Judge Williams Court agreed that habeas claims could not proceed since Osahon was not in custody when he petitioned. Instead, she converted the matter into a civil lawsuit, allowing his constitutional and statutory claims to progress.
In her ruling, Judge Williams Court found Osahon is likely to succeed on claims that ICE did not adhere to regulations about revoking his supervision order and ending his Convention Against Torture protections. The judge noted the government provided no evidence of compliance with those procedures before his removal.
The judge also found parallels with the case of Abrego Garcia v. Noem, a high-profile wrongful deportation incident involving a Salvadorian man. Judge Williams Court indicated Osahon is likely to prevail on due process claims, finding no evidence he received notice of supervision revocation or a chance to contest his removal.
What Happens Next?
The ruling prohibits further steps to facilitate Osahon’s transfer to Nigeria and mandates officials to preserve records of his detention, transfer, and removal. The government has been ordered to submit a declaration by September 3 about Osahon’s whereabouts and efforts to return him to the United States. A hearing is scheduled for September 4.
Contact Newsweek editors on this story: John Fitzpatrick and Cristina Diciu.