The Trump administration deported Etinosa Osahon, a Nigerian man, despite a standing order that protected him from being returned to Nigeria. An immigration judge had found that Osahon had previously been tortured by Nigerian government officials. This prompted a federal judge to demand that the government explain efforts to bring him back to the U.S.
Judge Michelle Williams Court of the U.S. District Court for the Central District of California granted a temporary restraining order for Osahon. She ordered the government to disclose Osahon’s current location and custodial status, and detail steps being taken to return him to the U.S.
In 2002, Osahon arrived in the U.S. as a lawful permanent resident. He later faced convictions related to mail and bank fraud, as well as aggravated identity theft. In 2012, despite his convictions, a court granted him protection under the Convention Against Torture citing past torture in Nigeria.
Currently, Osahon is in hiding in Togo, suffering from malaria. His wife and three children live in California. Judge Williams Court criticized federal officials for violating regulations and the Fifth Amendment by deporting Osahon improperly.
Nigerian Torture Experiences
Osahon faced torture in Nigeria as documented by a 2012 immigration court decision. He was detained without trial, subjected to inhumane treatment, and tortured by government officials seeking a confession. Despite this, he remained in the U.S. under supervision for 14 years, consistently meeting all requirements and having no violations.
The lawsuit claims Osahon was deceived into reporting to an ICE office for a routine appointment. Instead, officials detained him and moved him through several facilities before flying him to Ghana. Ghanaian authorities informed him that he was to be sent to Nigeria, prompting his protest due to Convention Against Torture protection.
Osahon eventually ended up in Togo. There, he remains illegally, unable to work, and with insufficient access to healthcare. Government lawyers argued his case should be dismissed as he was removed before he filed a habeas petition. However, Judge Williams Court converted the situation into a civil lawsuit, allowing constitutional and statutory claims to proceed.
In her ruling, the judge emphasized the lack of evidence from the government verifying adherence to procedures before Osahon’s removal. She identified parallels between this case and a previous wrongful deportation case, emphasizing the failures in protecting Osahon’s rights.
Next Steps
The ruling restricts the government from further actions to send Osahon to Nigeria and mandates preservation of related records. Officials must file a declaration by September 3 on Osahon’s location and efforts for his return. A hearing is set for September 4.