US Federal Court Demands Return of Indian Man Wrongfully Deported
A US federal court has issued a direct order to immigration authorities. The court wants them to bring back an Indian man to the United States. Officials deported him improperly. The court believes the man was wrongfully removed from the country.
Stay Order Ignored Before Deportation Flight
This situation created a unique legal problem. Three hours before authorities put the man on a Turkish Airlines plane, a judge issued a stay order. This order halted his deportation. Immigration and Customs Enforcement, known as ICE, received the stay order before the flight departed. Yet, they still deported him.
Following this action, the court reviewed the case. Judges concluded the only proper remedy was to bring the man back. They ordered authorities to return him to the United States immediately.
Who Is Francisco D'Costa?
The court order identifies the man as Francisco D'Costa. He has lived in the United States since 2009. His immigration case took several turns recently.
An immigration judge scheduled a hearing for D'Costa on October 10, 2025. On October 30, he admitted he should be removed from the US. This admission implied he had no legal status. The judge granted him voluntary departure at that time.
A Changed Case and a Missed Stay
D'Costa later decided to reopen his case. On December 3, he requested a stay of removal. He argued he faced new risks. D'Costa said he was unaware of changed conditions in India. He converted to Christianity and feared persecution if returned.
A judge agreed and ordered a stay on December 20. Later that same day, officials placed D'Costa on a Turkish Airlines flight. They deported him to India.
Court Hearing Reveals Deportation Error
This revelation came during a later court hearing. A US attorney informed the judge that D'Costa was deported. The attorney said the deportation happened without any incident.
D'Costa, however, did not give up. He pursued his case from India. He appealed for his immediate return to the United States.
Government Arguments and Court's Final Decision
The US attorney argued against bringing D'Costa back. The attorney said it would be a futile effort. The government claimed D'Costa was not deprived of due process. Officials stated his deportation was inevitable anyway. They suggested he could join future court hearings remotely from India.
The court rejected these arguments. Judges concluded that returning D'Costa to the US is the only solution. It is the only remedy that can ensure his case is handled properly. The court stated his case must be handled as if he was never improperly removed.
This order places a rare demand on US immigration authorities. They must now arrange for the return of a man they recently deported.
