Four Bhutanese refugees, deported from the United States and subsequently arrested in Nepal for illegal entry, have been sent to refugee camps following a Supreme Court order. The individuals—Sandeep Darji, Roshan Tamang, Ashish Subedi, and Ashok Gurung—were detained by Nepali authorities after entering the country via India because Bhutan refused to accept them and sent them to Nepal without documentation.
The Supreme Court’s ruling, issued on April 24, 2025, by Justices Balkrishna Dhakal and Nityananda Pandey, partially granted a habeas corpus petition, ordering their placement in refugee camps instead of deportation.
The refugees, previously resettled in the U.S. under a third-country resettlement program, faced deportation from the U.S. due to criminal convictions. Notably, Roshan Tamang was deported after being convicted of serious sexual abuse and other charges in Cincinnati, Ohio, and deemed a threat to the community. Ashok Gurung, who arrived in the U.S. as a refugee in 2012, was deported following a 2014 conviction for aggravated assault in Georgia; a deportation order had been issued in 2017.
Upon arrival in Bhutan, the refugees’ documents were confiscated, and they were transported to the Indian border, eventually entering Nepal illegally. Three were arrested at the Beldangi refugee camp in Jhapa on March 29, 2025, and Gurung was detained in Bahundangi two days later. Initially, the Kankadbhitta Immigration Office planned to deport them, but an interim Supreme Court order on April 17, 2025, by Justice Hariprasad Phuyal halted this, citing violations of international conventions, including the 1984 Convention Against Torture and the principle of non-refoulement.
The Supreme Court allowed 60 days for further investigation, but the Kankadbhitta Immigration Office reported that preliminary investigations were complete, and a report, including U.S.-related details and documents, was sent to the Immigration Department in Kathmandu for review. The department will determine if additional investigation is needed.
Following the court order and in the presence of human rights activists, Darji, Tamang, and Subedi were sent to the Beldangi refugee camp in Damak, Jhapa, while Gurung was placed in the Pathari-Shanischare camp in Morang. They were released to relatives but restricted from leaving their respective municipal areas—Damak for the Beldangi group and Pathari-Shanischare for Gurung.
Additionally, they must report to the nearest police station every seven days. Immigration Office Chief Tulsi Bhattarai confirmed compliance with the Supreme Court’s order and the Immigration Department’s directives, emphasizing strict adherence to the conditions.
The case stems from the broader Bhutanese refugee crisis, which began in the early 1990s when Bhutan expelled over 100,000 Nepali-speaking Lhotshampa citizens, forcing them into refugee camps in Nepal. Nearly 85,000 were resettled in the U.S. through a UN-led program, but around 7,000 remain in Nepal.
Deportees face statelessness, as Bhutan does not recognize them as citizens, and Nepal, not a signatory to the 1951 Refugee Convention, has limited obligations. The Supreme Court’s decision reflects concerns over their stateless status and the lack of a safe country for return, aligning with international human rights principles.
The habeas corpus petition was filed by Narayan Prasad Subedi, Ashish Subedi’s father, a Bhutanese refugee residing in Beldangi camp. Lawyer Himesh Krishna Kharel argued the case, highlighting the unchanged circumstances that led to their initial refugee status and the illegality of their detention. The ongoing review by the Immigration Department will determine the next steps, but the refugees’ fate remains uncertain amid diplomatic and humanitarian challenges.