The Trump administration deported a Nigerian man who had protection from being returned to a country where he faced torture. This prompted a federal judge to seek clarity on efforts to bring him back to the U.S.
Temporary Restraining Order
Judge Michelle Williams Court of the U.S. District Court for the Central District of California has granted a temporary restraining order requested by Etinosa Osahon. She asked for government details about Osahon’s location and steps taken for his return.
Osahon, 49, originally entered the U.S. legally as a permanent resident in May 2002. Court documents show he was convicted of crimes related to stolen mail, bank fraud, and identity theft. Despite being deemed removable, an immigration judge extended protections under the Convention Against Torture in 2012, recognizing the torture Osahon faced in Nigeria.
Separated from Family and Health Challenges
Osahon is hiding in Togo, suffering from malaria, and separated from his wife and three children living in California.
Judge Williams Court criticized federal officials for acting contrary to their own regulations and the Fifth Amendment’s Due Process safeguards in Osahon’s deportation process.
Details of Previous Torture
According to a 2012 immigration court ruling, Nigerian officials tortured Osahon twice. Incidents included detention without trial, being tied to a tree, forced sun exposure, beatings, and hanging while officials tried to get a confession.
After being granted protection, Osahon lived under U.S. supervision for 14 years. During that time, he consistently engaged with immigration authorities and never broke supervision terms, marrying a U.S. citizen and fathering three U.S. citizen children.
Osahon followed a directive to report to ICE’s Los Angeles field office in May, assuming it was a routine visit. Instead, he was detained, transported, and flown to Ghana. Despite his objections, stating his Convention Against Torture protection, his course led him to Togo, where he hides.
Legal challenges exist for Osahon in Togo, including lacking immigration status, inability to work legally, and limited medical access.
Legal Proceedings and Government Response
Government attorneys pushed for dismissal due to Osahon filing his habeas petition after removal. Judge Williams Court denied habeas claims since he wasn’t in U.S. custody at filing but shifted the matter to a civil case for constitutional and statutory claims.
The judge determined Osahon’s potential success on claims against ICE for not following regulations on supervision revocation and Convention Against Torture terminations.
Judge Williams Court noted parallels with Abrego Garcia v. Noem, highlighting wrongful deportation similarities.
The ruling prohibits further actions towards deporting Osahon to Nigeria and insists on record preservation related to his detention, transfer, and deportation. By September 3, the government must declare Osahon’s location and actions for U.S. return. A hearing is set for September 4.