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.
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