Federal Judge Orders Return of Phoenix Man Deported to Equatorial Guinea, Finding Removal Unlawful

A federal judge in Arizona has ordered the U.S. government to take steps to bring back a Phoenix man who was deported to Equatorial Guinea in April, concluding that the removal was unlawful and that he has faced ongoing harm since then, according to the Arizona Republic.

The case involves Ahmed Soliman, 31, who grew up in Phoenix. According to the Republic’s account of the court order, District Judge John C. Hinderaker found that Soliman was sent to the Central African country without notice or a chance to object, and without the fear screening that would have allowed him to argue he faced persecution or torture there. The judge concluded that the third-country removal violated both federal law and Soliman’s Fifth Amendment due process rights.

What the order requires

The ruling directs the Department of Homeland Security to take reasonable steps within its control to secure Soliman’s release and return, including providing travel documents and arranging transportation to a U.S. port of entry at the government’s expense, according to the Republic. DHS must also file a status report every three days describing what it knows about Soliman’s location and condition and what actions it has taken or plans to take.

The order also bars DHS from sending Soliman to another third country once he returns unless he first receives a meaningful opportunity to present a fear claim before a neutral judge, according to the Republic. The government has 30 days to decide whether to appeal.

Background on the case

Soliman’s attorneys filed a civil complaint on Sept. 15 seeking his return, according to the Republic. They say he had previously won protection against removal to Egypt and was later transferred to immigration custody while officials looked for a third country willing to accept him. His lawyers argue he was denied the screening at which he could have raised concerns about Equatorial Guinea.

According to the Republic, DHS attorneys did not dispute in court that Soliman was removed without a fear screening, and the judge cited news reports and attorney affidavits describing his detention conditions. DHS and ICE officials did not immediately respond to the newspaper’s request for comment on the order.

The ruling arrives while a broader legal fight over third-country removals continues in other courts. According to the Republic, the First Circuit ruled in September that diplomatic assurances alone were insufficient in that litigation, and the Supreme Court has stayed the lower court’s decision and is scheduled to hear the case in December. Hinderaker concluded he could still decide Soliman’s individual claims because of the extent of the harm alleged.

More than 20 other people deported from the U.S. remain held in Equatorial Guinea, according to the Republic, and Soliman’s attorneys said they hope the decision could help others in similar situations.

Reporting based on coverage by the Arizona Republic (via azcentral.com).