Could the US Government Deport Naresh Bhatt to Nepal? What US Immigration Law States

As the high-profile criminal trial of Naresh Bhatt continues in the Prince William County Circuit Court in Virginia, public focus has shifted toward the potential immigration consequences awaiting him. Bhatt faces serious charges including first-degree murder, concealing a dead body, and defiling a dead body in connection with the death of his wife, Mamata Kafle Bhatt.

While Bhatt entered a plea of not guilty—claiming during testimony on November 5, 2026, that his wife died by suicide before he disposed of her remains—legal analysts are examining how federal immigration statutes will apply if he is convicted.

1. The Statutory Basis: Aggravated Felonies and Deportation

Under the U.S. Immigration and Nationality Act (INA), a conviction for murder carries irreversible immigration consequences for non-U.S. citizens, regardless of whether they hold a Permanent Resident status (Green Card) or temporary visa.

• Classification as Aggravated Felony: Under 8 U.S.C. § 1101(a)(43)(A) [INA § 101(a)(43)(A)], murder, rape, and sexual abuse of a minor are explicitly designated as Aggravated Felonies.
• Mandatory Removal Grounds: Pursuant to 8 U.S.C. § 1227(a)(2)(A)(iii) [INA § 237(a)(2)(A)(iii)], any non-citizen convicted of an Aggravated Felony at any time after admission is deportable upon order of the Attorney General.

However, federal immigration law under 8 U.S.C. § 1101(a)(48)(A) strictly distinguishes between indictment and formal conviction. Deportation proceedings grounded specifically on an aggravated felony charge cannot be finalized until a formal court conviction is entered.

2. Asylum Restrictions and Relief Limitations

A conviction for an Aggravated Felony imposes severe statutory bars against prospective relief under U.S. immigration law:

1. Ineligibility for Asylum: Under INA § 208(b)(2)(B)(i) [8 U.S.C. § 1158], an individual convicted of an Aggravated Felony is statutorily categorized as having committed a “Particularly Serious Crime,” making them permanently ineligible for asylum protection in the United States.
2. Denial of Voluntary Departure: Under federal rules, individuals facing severe felony convictions cannot elect Voluntary Departure to bypass criminal accountability or formal removal proceedings.

3. Criminal Custody vs. Immigration Removal Timeline

A common legal misconception is that deportation immediately halts state criminal proceedings. In practice, state criminal jurisdiction takes precedence:

[Criminal Trial & Verdict] ➔ [State Prison Sentence] ➔ [ICE Custody Detainer] ➔ [Immigration Hearing & Removal]

If convicted of first-degree murder (a Class 2 Felony under Virginia Code § 18.2-32), Bhatt would first be required to serve any imposed penal sentence within the state or federal correctional system.

Upon completion of the criminal sentence, U.S. Immigration and Customs Enforcement (ICE) would execute an immigration detainer, placing him into removal proceedings under 8 U.S.C. § 1229a before an Immigration Judge to issue the final order of deportation to Nepal.