A US federal court has made a unique ruling, instructing immigration authorities to assist in bringing back an Indian national who was sent to India despite a court order preventing his removal. The judge deemed the deportation illegal and a violation of judicial authority. The court order, issued on January 9 by the US District Court for the Southern District of Texas, highlighted that Francisco D’Costa was deported on December 20, 2025, after the court explicitly prohibited his removal.
The court emphasized that it had taken control of D’Costa’s case earlier that day and had directed that he should not be deported without court permission. Despite this directive, D’Costa was put on a flight departing Houston the same day. The court mentioned that various authorities were aware of the court order before the flight took off. The court dismissed the government’s argument that the deportation was accidental, stating that the intent behind the removal does not affect its lawfulness.
D’Costa, an Indian national residing in the US since 2009, was given voluntary departure in October 2025. He later filed a motion to reopen his case due to changed conditions in India and concerns about religious persecution. The court record revealed that this motion converted his voluntary departure into a final removal order. The immigration judge had not made a decision on the motion before D’Costa was deported, raising due process concerns.
The court expressed that removing D’Costa at that stage could have deprived him of his right to pursue a motion to reopen. Despite government arguments that his return was unnecessary, the court insisted on facilitating his comeback to ensure proper handling of the case. Referring to a Supreme Court ruling, the court mandated the government to arrange D’Costa’s return promptly and submit a plan within five days outlining the steps to do so. Contempt findings and monetary sanctions were not granted at that time, leaving room for future consideration if needed.
