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Who is Francisco D’Costa? US court orders return of ‘wrongfully’ deported Indian man
A federal court ruled that Indian man Francisco D'Costa must be brought back to the US after being wrongfully deported.
A federal court in the United States has asked the immigration officials to bring back an Indian man whom the court believes was unjustly deported from the nation. Just three hours before the man was placed on a Turkish Airlines flight, a stay order regarding his deportation was issued, which was also communicated to ICE ahead of the deportation. As a result, a unique circumstance has arisen in which the court has mandated that the authorities bring him back to the US.
Francisco D'Costa, the Indian man identified by the court order, has resided in the US since 2009. He was instructed to appear before an immigration judge on October 10, 2025. On October 30, D'Costa acknowledged that he should be removed from the US—suggesting that he lacked legal status—and was permitted to depart voluntarily.
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Who is Francisco D’Costa’s case? All on his case
In October 2025, an immigration judge permitted him to depart voluntarily. However. D’Costa submitted a motion to reopen his case after hiring of a lawyer.
In the documents presented to the court, he informed the judge that circumstances in India had altered and stated that he was at risk of persecution due to his conversion to Christianity, as reported by IANS, referencing court records.
According to US federal regulations, the submission of that motion automatically converted his voluntary departure into a final removal order. The immigration judge declined a request to suspend the deportation. However, he had not yet made a decision regarding D’Costa’s motion to reopen the case at the time of his removal from the US.
The district court said that deporting him at that juncture could have infringed upon his legal right to pursue his case. The judge noted that this situation raised major due process issues.
The government contended that assisting D’Costa’s return was unnecessary. It asserted that the court lacked jurisdiction and claimed that D’Costa could continue his case from outside the US.
Court rejects both assertions
The federal court dismissed both assertions. It stated that facilitating D’Costa’s return was essential to ensure that the case proceeds “as it would have been had he not been improperly removed.”
Referencing a unanimous decision by the US Supreme Court, the court stated that enabling a return to the US is an appropriate remedy when a noncitizen is removed in contravention of a court order. Consequently, the court mandated the government to assist D’Costa in returning to the US “as soon as possible.” Authorities were also instructed to provide a plan within five days detailing how they would execute the return.
