"Judicial Removal" Order Issued for Kwon Do-hyung... Could Return to South Korea as Early as 2030

Deportation Without Immigration Lawsuit After Serving Half of Sentence
Restitution Order Omitted Due to Practical Impossibility

Kwon Do-hyung, who was sentenced to 15 years in prison by a U.S. court for the Terra-Luna incident, has also received a "judicial removal" order. After serving his sentence, Kwon is expected to be immediately deported to South Korea without a separate immigration lawsuit. Both the U.S. court and prosecutors have no objection to transferring Kwon to South Korea after he serves half of his sentence. Since Kwon has already served about two and a half years, he could be sent to South Korea as early as the second half of 2030. The U.S. court did not order Kwon to pay restitution, citing the number of victims and the scale of damages.

Kwon Do-hyung, who caused the Terra-Luna incident. Photo by AP Yonhap News

On December 11, 2025 (local time), the U.S. Federal District Court for the Southern District of New York sentenced Kwon to 15 years in prison and finalized the judicial removal order. Judicial removal allows the criminal court to bypass immigration court procedures and order the deportation of a convicted individual to their country of origin after serving their sentence. With this order, Kwon will not be able to enter the United States without special permission from the Secretary of Homeland Security. Lee Soonghyun, a former U.S. federal prosecutor and attorney at Kobre & Kim, explained, "Judicial removal is separate from extradition requested by the South Korean government; it means that Kwon, who is not a U.S. citizen, will be deported to his home country after serving his sentence," adding, "Kwon has waived his right to a hearing or appeal in the removal process."

U.S. prosecutors requested the court to order that "the defendant (Kwon Do-hyung) must be promptly removed from the United States upon release from custody, or immediately upon sentencing if no prison term is imposed, and that he be deported to South Korea." The court issued the order based on the facts that Kwon is a South Korean national, not a U.S. citizen; does not possess a valid U.S. entry visa; and was convicted of a crime involving moral turpitude, all of which constitute grounds for removal under U.S. immigration and nationality law. Kwon's side also received a notice of intent to request removal from U.S. prosecutors on November 25 and agreed to designate South Korea as the country of removal, waiving the right to appeal or a hearing.

Earlier, during the plea bargaining process, U.S. prosecutors stated they would not oppose Kwon's transfer to South Korea if he applied for the International Prisoner Transfer Program after serving half of his sentence. With Kwon also agreeing to the judicial removal order, he is expected to be deported without a separate immigration court procedure after serving half of his sentence. His 17 months of detention in Montenegro and his incarceration in the United States since January 2025 have already been credited toward his sentence. Therefore, the possible timing for his transfer and deportation is projected to be around 2030 to 2031 at the earliest.

Lee Jiyeong, an immigration law specialist and attorney at Gaon Law Firm, explained, "Kwon was arrested in Montenegro and entered the United States on a temporary parole for criminal proceedings, but since this is not a valid visa or permanent residency, it constitutes entry without proper authorization and is grounds for removal." She added, "While the general removal process allows for a hearing and the right to appeal, Kwon admitted to the grounds for removal in a signed statement and voluntarily waived his rights under immigration law, including the right to a hearing and appeal, thereby consenting to removal to South Korea."

The U.S. court also accepted the U.S. prosecutors' request that restitution to victims in this case was not possible. Judge Paul Engelmayer ruled that "ordering restitution to the victims in the Kwon Do-hyung case is impracticable," citing the extremely large number of victims and the fact that calculating damages and the related procedures would excessively delay and complicate the criminal sentencing process.

Seo Hayeon, Legal Times Reporter

Kim Jisoo, Legal Times Reporter

※This article is based on content supplied by Law Times.