Judge Brian Murphy criticized the government for errors in the case and said the man, who feared persecution if he was deported, was likely to show “his removal lacked any semblance of due process.”

The U.S. deported a Guatemalan man to Mexico while he was seeking asylum for fear of being harmed in those countries, court documents said.

The Guatemala native claims he was raped and targeted for being gay during a previous stint in Mexico but never given a chance to assert those fears before he was deported in February.