A federal judge in Arizona has ordered the US Department of Homeland Security (DHS) to take "all reasonable measures" to return Ahmed Soliman, a 31-year-old man from Phoenix, to the United States. Soliman was deported to Equatorial Guinea in April under the Trump administration's policy of expelling people to third countries. His lawyers argue that the deportation was unlawful and violated his rights to due process under the Fifth Amendment of the US Constitution.
Soliman's lawyers expressed cautious optimism and relief after the ruling, saying they were "frankly overwhelmed with tears of relief and hope" when they heard the news. Dana Camilleri, a lead attorney at Green Evans-Schroeder, said that Soliman had been subjected to "irreparable harm" since his deportation, including detention in a disused hotel in Malabo, Equatorial Guinea, where he and dozens of others were being held without charge.
The judge, John C. Hinderaker, who was appointed by President Donald Trump, found that Soliman's deportation had violated his rights to due process and ordered DHS to take steps to facilitate his return to the US. Hinderaker also noted that Soliman had been arrested and detained in Equatorial Guinea after speaking out about the abuse he and others had suffered at the hotel, and was now being held in secret in a prison without charge.
Soliman's family in Arizona had been waiting anxiously for news of his fate, with no assurance that he was safe or even still alive. His lawyers had previously warned that he was at risk of torture in Equatorial Guinea, where homosexuality is effectively criminalized and authorities are known to carry out arbitrary detention and torture. Amnesty International and UN human rights experts had also raised concerns about Soliman's case.
The Trump administration had dismissed concerns about Soliman's case, describing a New York Times article about his situation as a "bad excuse for a bloody story". DHS had also claimed that Soliman and another detainee, Samson Birhane, were "illegal alien criminals with mile-long rap sheets". However, Soliman's lawyers argue that he has been rehabilitated since his release from prison, where he had been serving a sentence for driving under the influence.
Soliman's case highlights the controversy surrounding the Trump administration's third-country deportation policy, under which around 25,000 people have been sent to countries with which they have no connection. Many have been returned to their home countries, while others have been detained and subjected to ill-treatment. Soliman's lawyers are now seeking to have him returned to the US, where he has been living since he was four years old.
The judge has given DHS three days to provide an update on its progress in returning Soliman to the US, and the department has 30 days to appeal the ruling. While Soliman may still face deportation to another country later, the judge has ordered DHS to give him a "meaningful opportunity" to have his fears of persecution examined.
Key points
- A US judge has ordered the Trump administration to return a 31-year-old man from Phoenix who was deported to Equatorial Guinea under the administration's third-country deportation policy.
- The man's lawyers argue that his deportation was unlawful and violated his rights to due process under the Fifth Amendment of the US Constitution.
- The case highlights the controversy surrounding the Trump administration's third-country deportation policy, which has been criticized for putting people at risk of detention and ill-treatment in countries with which they have no connection.
