Federal Judge Orders Return Of Man Deported To Guatemala, Calls Removal 'Blatant Lawlessness'

Federal Judge Orders Return of Deported Guatemalan National

A federal judge has ordered the Biden administration to swiftly arrange the return of Faustino Pablo Pablo to the United States after immigration officials deported him to Guatemala despite a court finding that he would likely face torture there.

U.S. District Judge David Guaderrama, an El Paso-based Obama appointee, sharply criticized the government’s decision as "blatant lawlessness" and directed officials to bring Pablo back by Dec. 12. The judge also demanded daily written updates on the administration’s efforts to repatriate him until the return is complete.

“By the time the Court ordered [the administration] not to remove Pablo Pablo, he had arrived in Guatemala City,” Guaderrama wrote.

The administration itself has acknowledged that the deportation was "unlawful" and "wrongful," and recently indicated it would seek to return Pablo. Despite a flight that was described as "tentatively scheduled," Guaderrama said Pablo had not been returned and appeared to still be in Guatemala. The Department of Homeland Security did not immediately respond to a request for comment.

Background And Timeline

Pablo first entered the United States without authorization in 2012. An immigration judge later ordered his removal but also concluded that he would likely face torture "by, or with the consent or acquiescence of, the Guatemalan government." After his release from immigration custody in 2013, Pablo lived in California and regularly reported to immigration officials.

On Nov. 5, 2024, Pablo was detained during a routine check-in. His attorney immediately alerted immigration authorities to the prior legal protections against deportation to Guatemala. He was transferred to El Paso on Nov. 17 and informed he was being prepared for removal. Although he filed suit to seek release from detention, Pablo was deported on Nov. 20 — before Judge Guaderrama could intervene.

Pattern Of Controversial Removals

Guaderrama’s order comes amid a series of acknowledged improper deportations. The case closely mirrors the March removal of Kilmar Abrego Garcia to El Salvador, despite a 2019 immigration-judge finding that he was likely to be persecuted by a gang. Other recent incidents include deportations to El Salvador and Mexico despite court-approved settlements, missing "credible fear" interviews, or appellate-court orders barring removal — and a transgender woman removed despite an immigration judge's finding she faced a substantial risk of torture.

Legal advocates and civil-rights groups have argued that these cases expose systemic failures in the deportation process and raise urgent questions about compliance with judicial orders and international protections against torture.

What Happens Next: Judge Guaderrama’s order requires daily updates, and the government must effectuate Pablo’s return by Dec. 12. The case is likely to prompt further court scrutiny and political debate about oversight of removal operations.