ICE Reports 1,365 Nepalis Still in the U.S. Despite Deportation Orders

U.S. Immigration and Customs Enforcement (ICE) has disclosed that 1,365 Nepali nationals are currently living in the United States with final deportation orders. These individuals are part of a larger group of approximately 1.45 million immigrants who remain in the country despite being ordered to leave.

While not in ICE custody, these Nepali nationals are considered a priority for deportation under the incoming Trump administration. Previously, NepYork reported data from the Executive Office for Immigration Review, indicating that 3,449 Nepalis had received deportation orders to date. However, the latest ICE data suggests that nearly 2,000 of them have either left the U.S., been deported by ICE, are covered by other statuses, such as TPS, or adjusted their immigration status through other means.  Approximately 1,500 Nepalis received final deportation orders during the previous Trump and current Biden administrations and were not eligible for Temporary Protected Status (TPS).

To date, U.S. immigration courts have heard over 15,365 cases involving Nepalis. Of these, 7,595 cases were approved for relief, 3,449 resulted in deportation orders, 1,622 were terminated, 629 were closed for other reasons, and 610 were granted voluntary departure. In 405 cases, no credible fear of persecution was found. Additionally, 361 NTAs were unfiled, and 272 cases were given prosecutorial discretion (PD).

During the Biden administration, over 600 Nepalis received deportation orders from immigration courts, compared to nearly 900 during the Trump administration. In fiscal year 2024, immigration courts decided 1,441 cases involving Nepalis. Of these, 606 cases were granted relief, 346 were terminated, and 197 resulted in deportation orders. Additionally, 141 NTAs were not filed, 64 individuals were found to have no credible fear, and 38 cases were closed for other reasons, while 27 cases met the credible fear standard.

September 2024 saw 20 Nepali applicants denied credible fear. Out of 137 cases that month, 50 received relief, 23 were terminated, and 20 received deportation orders, while 10 NTAs were unfiled. The number of credible fear denials for Nepalis in previous months were: 28 in August, 7 in July, 4 each in June and May, 1 in April, 3 in March, and 1 in February, indicating a recent upward trend.

In October 2024, 12 Nepalis received deportation orders, accompanied by an increase in “credible fear” denials. The Executive Office for Immigration Review (EOIR) reported that out of 176 Nepali asylum cases heard in October, 52 were granted asylum, 31 were terminated, and 43 were denied due to lack of credible fear of persecution.

Immigration courts ruled in a significant number of Nepali cases that there was no credible fear in October. During this period, 21 cases met the credible fear requirement, while 10 applicants did not have a “Notice to Appear” (NTA) filed. Five cases were closed on other grounds, and two applicants were given the option to voluntarily depart the U.S.

“A final order of deportation (or removal) is issued when a noncitizen is legally required to leave the United States after exhausting all appeals in their immigration case. Deportation proceedings can begin in several ways, including for individuals who entered the U.S. without inspection (EWI) and later filed for asylum, which may be denied and referred to immigration court. Those who entered legally but overstayed their visa and filed for asylum with the asylum office may also be referred to immigration court if their case is denied. Noncitizens arrested for illegal entry at the border are often sent directly to immigration court for removal proceedings,” said New York-based immigration attorney Keshab Raj Seadie.

“If the immigration court denies the case, the individual can appeal to the Board of Immigration Appeals (BIA) and, subsequently, to the federal courts. A final order of deportation is issued when all appeals are denied or when the individual fails to appeal within the allowed timeframe. Additionally, if an individual does not attend their immigration court hearing, an order of deportation in absentia is issued. This underscores the importance of attending hearings and staying engaged in the legal process,” Seadie added.