US Sent Asylum Seekers to Equatorial Guinea Despite Court Orders
At least 65 asylum seekers with US immigration court protection orders have been forcibly sent to Equatorial Guinea — a country they had never lived in — where the State Department's own reports say torture occurs in every prison nationwide. One man, held in a hotel room under armed guard since November 2025, was told mid-flight while shackled that he was not going to another US facility. Human Rights First and EG Justice say the US Supreme Court has allowed these transfers to continue while it rules on the policy.
At least 65 people with court-granted asylum protections have been forcibly transferred from the United States to Equatorial Guinea — a country most of them had never visited. US immigration judges had ruled that nearly all of them faced a high risk of persecution or torture if returned to their home countries. That protection did not stop the transfers. The men were told mid-flight, while shackled, that they were not going to another US detention facility — they were headed to Equatorial Guinea.
What is happening and why it matters for asylum seekers
One of those men is Adam, 26, who asked that his real name and country of origin not be published. He fled forced military conscription and abuse in his home country. A US immigration judge formally ordered that he could not be removed to his home country. In November 2025, the US government flew him to Equatorial Guinea anyway. He has been held in a hotel room in Malabo under armed guard ever since. Since then he has been sick with malaria and typhoid fever. Guards repeatedly tell him to go back to his country — the exact outcome a US judge ruled would put him at serious risk. His habeas corpus petition (a legal request demanding the government justify his detention) remains unanswered. Two other detainees — Ahmed Soliman, an Egyptian man from Arizona who has lived in the US since age three, and Samson Birhane — were violently arrested by Equatoguinean police after speaking out about conditions. Both remain held without contact with the outside world, according to witnesses and lawyers cited by Human Rights First (HRF) and EG Justice.
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The Trump administration repurposed $7.5 million in November 2025 to pay the government of Equatorial Guinea to accept people removed from the US. Congress had appropriated those funds for humanitarian assistance for refugees. The State Department's own human rights report says torture occurs in every prison in Equatorial Guinea nationwide. Before the deal was signed, the administration quietly paused corruption-related visa restrictions that had barred Equatorial Guinea's vice-president, Teodoro Nguema Obiang Mangue, from entering the US. HRF and partner organizations challenged the third-country deportation policy in federal court and won — but the US Supreme Court intervened to allow these transfers to continue while it considers the case. The African Commission on Human and People's Rights issued an emergency ruling in July ordering Equatorial Guinea not to send people back to danger in their home countries. Equatorial Guinea has ignored that ruling, sending four people back since it was issued.
What to do if you have an asylum order or are in removal proceedings
- If a US immigration judge has issued a formal order protecting you from removal (called a withholding of removal or Convention Against Torture order), document that order and keep a copy with a trusted person outside detention. That order is your legal shield — any transfer that violates it may be challenged in federal court.
- If you or someone you know is transferred to a third country without warning, contact an immigration attorney immediately. A habeas corpus petition can be filed in federal court to demand the government justify the detention — lawyers at organizations like Human Rights First have used this tool in these cases.
- Follow the ICE Flight Monitor platform run by Human Rights First, which tracks deportation flights to Equatorial Guinea and other countries in real time, so attorneys can respond faster.
- If you are currently in removal proceedings (the formal process where an immigration judge decides whether you can stay in the US), ask your attorney specifically about third-country transfer risks and whether your case file includes documentation of all countries you could be sent to.
What to do, step by step — see our guide “How to Apply for Asylum”.
Fishkin Law Firm, New York
A withholding of removal order or a Convention Against Torture grant from a US immigration judge is a binding legal ruling — the government cannot legally return you to the country named in that order. However, as these cases show, the administration has argued it can transfer people to third countries not named in the order. If you have any form of court-granted protection, your attorney should file preemptive documentation in your case record opposing any third-country transfer and be prepared to seek emergency federal court relief the moment a transfer is threatened. Consult an immigration attorney now, before any transfer notice arrives.
Frequently Asked Questions
Can the US government deport me to a country I have never lived in?
The Trump administration has argued yes — that a court order blocking removal to your home country does not prevent transfer to a third country. Courts are still deciding this. The US Supreme Court allowed these third-country transfers to continue while it considers the legal challenge. This is an active and unsettled area of law.
What is a withholding of removal order and does it protect me from all deportation?
A withholding of removal order is a ruling by a US immigration judge that you cannot be sent back to a specific country because you would likely face persecution or torture there. It does not automatically protect you from being sent to a different country. That gap is exactly what is being litigated in federal courts right now.
What can a lawyer do if I am transferred to a third country against a court order?
A lawyer can file a habeas corpus petition — a formal legal demand that the government explain and justify your detention. Attorneys have filed these petitions for people held in Equatorial Guinea. The petitions in these cases have so far gone unanswered, but filing one creates a legal record and may support further court action.
Where can I find real-time information about deportation flights?
Human Rights First runs the ICE Flight Monitor platform, which tracks deportation and transfer flights in real time, including flights to Equatorial Guinea. Immigration attorneys use this tool to respond quickly when clients may be on a flight.