Judge Orders ICE to Return Individual After Deportation to Third Country

U.S. District Judge Jeffrey M. Bryan has ordered U.S. Immigration and Customs Enforcement (ICE) to return Kenis Lopez Gonzalez to Minnesota. Lopez had been held in the Central African Republic since August. The judge’s order, issued on October 30, 2026, requires ICE to bring Lopez back “expeditiously” and restore his previous immigration status. This ruling comes after Lopez was deported to a country other than his native Nicaragua, where he had previously been found to face a risk of torture.

The judge’s order specifies a nine-step process with deadlines for ICE officials to arrange Lopez’s return. This detailed approach aims to ensure compliance with the court’s directive. The judge noted the “irreparable harm” Lopez could face by remaining in the Central African Republic while his case is pending. He also pointed to physical signs of distress, such as bruises and welts, that Lopez developed before being put on the flight.

Judge Rejects Government’s Claims of No Danger

The government, represented by an assistant U.S. attorney, argued that Lopez was not entitled to a hearing regarding fear of removal to the Central African Republic. They claimed that only Nicaragua, his home country, was relevant to his fear of torture claim. However, Judge Bryan disagreed, finding that Lopez faced a risk of harm in the Central African Republic. He also determined that Lopez’s case against the government was likely to succeed and that the public interest supported ICE following its own established policies. The judge described the government’s assertion that Lopez faced no danger in the Central African Republic as “plainly disingenuous.”

One of Lopez’s attorneys stated that ICE violated Mr. Lopez’s constitutional rights and “hardly even denied it.” This sentiment is supported by the judge’s written assessment, which highlighted the physical condition Lopez exhibited before his flight.

Background of Kenis Lopez Gonzalez’s Case

Kenis Lopez Gonzalez, 44, arrived in Minnesota from Nicaragua in 2022. He has worked in construction and has no criminal record in the United States. He reported that an ICE agent informed him his paperwork was fraudulent. In 2024, an immigration judge had already ruled that Lopez could not be deported to Nicaragua due to the risk of torture there. Despite this protection, officials sent him to the Central African Republic in August.

Lopez was arrested by ICE in January outside his Shakopee home. He was held in detention centers in Texas and other states before his removal. Lopez stated he informed officials of his fear for his life and safety and that the Central African Republic was not his country. He was not given a hearing to discuss this fear before being put on the flight. Accounts suggest that agents used projectiles, described as rubber bullets or pepper balls, to move him and others onto a bus. He was then placed in a full-body restraint and carried onto the plane.

The hearing focused on whether ICE officials should have addressed Lopez’s stated fear of being sent to the Central African Republic. Individuals who fear persecution in their home countries are generally entitled to hearings to determine if those fears are justified and warrant cancellation of deportation. In Lopez’s earlier case, an immigration judge had found his fear of return to Nicaragua to be justified. Supporters gathered outside the federal courthouse in St. Paul to advocate for Lopez’s return.

Third-Country Removals and Supreme Court Review

Kenis Lopez Gonzalez is one of many individuals deported to countries other than their home countries. Since 2025, over 25,000 people have been deported to third countries. More than 30 nations have agreed to accept deportees from the United States, including the Central African Republic. The U.S. State Department advises Americans against travel to the Central African Republic due to widespread insecurity.

The U.S. Supreme Court is scheduled to hear arguments regarding third-country deportations in December. In September, the court temporarily allowed the administration to continue this policy while it considers the case. At the October 30 hearing, Justice Department attorneys indicated their intention to file a motion requesting an extension of the return timeline to allow for an appeal. This motion would ask the judge for additional time to pursue their legal options.

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