A federal judge has ordered the return of Brayan Omar Sanchez Servellon, a Honduran man who was recently deported to the Central African Republic. Sanchez Servellon, who has been living in the United States for around 10 years, was granted immigration relief under the Convention Against Torture (CAT) by an immigration judge in 2020. The ruling prohibits his return to Honduras, but it has not prevented federal officials from sending him to other countries.
Details of the Case
Sanchez Servellon was taken into custody by immigration officials on May 13, 2026, from his home in Colorado. Although court documents do not specify his living situation at the time of his detention, he was held at a GEO facility in Colorado while he sought to remain in the U.S. by filing a motion in the U.S. District Court of Colorado, representing himself.
In July, a magistrate judge ruled that Sanchez Servellon should not be removed outside Colorado. However, federal officials claimed that he was already outside the state and had been moved between various detention centers, including locations in Arizona.
Federal authorities maintained that Sanchez Servellon was under a final order of removal. Despite his prior protective status under the Convention Against Torture, officials held that this did not preclude sending him to a country like the Central African Republic. This country is classified as a “level 4” danger by the State Department due to risks associated with crime, unrest, and health issues.
Attorneys representing immigrants noted that such practices, involving the deportation of individuals to third countries, have become more common. The Convention Against Torture is designed to stop the return of individuals to nations where they might face torture, but it does not guarantee permanent legal status or eliminate a removal order.
In her ruling, Judge Regina Rodriguez stated that Sanchez Servellon had not been given adequate notice or an opportunity to contest his removal to an unfamiliar country. Reports from individuals detained there describe poor conditions, including power outages.
Rodriguez concluded that the federal government had infringed upon Sanchez Servellon’s due process rights, granting his motion to be returned to Colorado and instructing the U.S. Department of Homeland Security to facilitate this transfer.
The DHS has yet to comment on the ruling regarding Sanchez Servellon. A status report on his situation was due from the federal government by Friday. Additionally, the Trump administration announced plans to seek Supreme Court approval to uphold its third-party removal policies, which have faced legal challenges.
Why It Matters
This case highlights ongoing debates about immigration policies and the treatment of individuals seeking refuge from perilous conditions in their home countries. The ruling underscores issues related to due process rights within the immigration system and raises questions about the legal interpretations of protective measures like the Convention Against Torture.
