'Deported Indians should be recalled', US court orders major decision; read the court order
WASHINGTON (The Uttam Hindu) : A US federal court has issued a landmark ruling. The court has ordered US immigration officials to arrange for the repatriation of an Indian citizen who was deported to India despite clear court orders. The judge ruled that the deportation was illegal and a violation of judicial authority.
In an order issued on January 9, the US District Court for the Southern District of Texas stated that Francisco D'Costa was removed from the United States on December 20, 2025, despite a court order prohibiting his removal three hours earlier. The court noted that it had taken up D'Costa's petition that same morning and had clearly instructed the government not to deport him from the United States without the court's permission.
The court stated that despite that order, D'Costa was placed on a Turkish Airlines flight that departed Houston at 2:55 p.m. that same day. According to a memorandum submitted by Immigration and Customs Enforcement, the U.S. Attorney's Office, ICE officials, and the detention facility were informed of the stay before the flight departed. The court rejected the government's argument that the stay occurred by mistake. The court stated that regardless of the intent of the removal, the deportation was unlawful, and that is the most important point.
Francisco D'Costa, a native of India, had lived in the United States since 2009. In October 2025, an immigration judge granted him permission to voluntarily leave the country. He later sought the help of a lawyer and filed a petition to reopen his case, arguing that circumstances in India had changed and that he faced a risk of persecution because of his conversion to Christianity.
The filing of that petition automatically converted his voluntary departure from the country into a final removal order under federal rules. The court noted that the immigration judge had denied the stay request but had not yet ruled on the petition to reopen the case at the time of D'Costa's removal. The court stated that removing D'Costa in this situation would have deprived him of his legal rights and was contrary to the due process of justice.
The government argued in court that D'Costa need not be brought back and that he could pursue further legal proceedings from India. The court rejected this argument, stating that his return was necessary so that the case could be heard as it should have been before his wrongful removal. Citing a unanimous Supreme Court decision, the court held that if a foreign national is illegally removed against a court order, his return is a just and necessary remedy.
Finally, the court ordered the government to arrange for D'Costa's return to the United States as soon as possible and to inform it within five days what steps would be taken to achieve this.