Nepal Supreme Court Orders Release of American Facing Deportation
Photo by Global Residence Index
Nepal’s Supreme Court has ordered the immediate release of American citizen Peter Kwang Seong Kim, who had been detained while immigration authorities pursued his deportation over allegations that he misused a marriage visa to engage in unauthorized religious activities.
The Department of Immigration and Kavrepalanchok District Police Office had accused Kim of pressuring children at the Light and Salt Christian School and hostel in Namobuddha Municipality-2 to convert religions, helping operate churches in several districts and violating the terms of his visa.
On July 21, the Department of Immigration fined Kim 50,000 Nepali rupees (about $327), barred him from entering Nepal for six years and ordered that he remain in custody pending deportation.
But a joint bench of Justices Dr. Nahakul Subedi and Bal Krishna Dhakal, hearing a habeas corpus petition filed by Kim’s wife, Nilam Bardewa, ruled Aug. 17 that the immigration department’s decision was unconstitutional and unlawful.
The court said there was no indication that Kim had committed an offense prohibited by Nepal’s prevailing laws or that he had been prosecuted and found guilty of any crime.
Under Section 9 of Nepal’s Immigration Act, authorities must conduct an investigation and prosecution in accordance with the law and establish an offense before deporting a foreign national. The court said immigration authorities had ordered Kim’s deportation and detention without completing that legal process.
Kim holds a marriage visa issued March 17, 2026, that is valid through March 26, 2027. The court also cited his marriage to a Nepali citizen and the couple’s two minor children, daughter Pavani Kim and son Eric Kim.
The immigration department’s action seriously affected Kim’s personal liberty and his constitutional right to live with his family and children, the court said.
Police and immigration officials had alleged that Kim used funds from foreign donor agencies to expand a religious network. However, the Supreme Court voided the deportation decision, saying it was made without following due legal process.
The court ordered authorities to release Kim immediately unless he is required to remain in custody in connection with another case.
Deportation Figures Rise
Nepal deported 287 foreign nationals between Jan. 1 and July 22, 2026, according to the latest Department of Immigration report. Of those, 219 were deported for overstaying their visas, while 68 were involved in serious criminal or other legal cases.
The number of foreign nationals deported for legal cases in the first nearly seven months of 2026 already exceeds annual totals recorded in recent years.
From 2021 through 2025, Nepal deported 2,270 foreign nationals, including 2,049 for visa overstays and 221 for criminal or other legal cases, department data show.
| Year | Total deported | Overstays | Criminal or other legal cases |
|---|---|---|---|
| 2021 | 218 | 193 | 25 |
| 2022 | 570 | 534 | 36 |
| 2023 | 458 | 412 | 46 |
| 2024 | 501 | 451 | 50 |
| 2025 | 523 | 459 | 64 |
| Jan. 1-July 22, 2026 | 287 | 219 | 68 |
Chinese nationals have made up the largest share of deportees in recent years. They accounted for 209 of the 458 foreign nationals deported in 2023, 141 of the 501 deported in 2024 and 120 of the 523 deported in 2025.
Authorities have linked some Chinese nationals to allegations involving online fraud, illegal call centers, cryptocurrency transactions, unlawful networking operations and gold smuggling.
Deportations of Bangladeshi nationals also increased, from 19 in 2023 to 51 in 2024 and 75 in 2025. Nepal deported 35 U.S. citizens and 22 British citizens in 2025, according to immigration data.