Sharma v. Warden of Imperial Regional Detention Facility et al

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3:26-cv-00880-CAB-VET
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
PARTEEK SHARMA,
Petitioner,
v.
WARDEN OF IMPERIAL REGIONAL
DETENTION FACILITY, et al.,
Respondents.
Case No.: 3:26-cv-00880-CAB-VET
ORDER REQUIRING BOND
HEARING
Pending before the Court is a petition for a writ of habeas corpus pursuant to
28 U.S.C. § 2241, [Doc. No. 1 (“Petition”)], filed by Petitioner Parteek Sharma. Petitioner
claims that he is detained by Immigration and Customs Enforcement (“ICE”) without a
bond hearing in violation of 8 U.S.C. § 1226(a). [Id. at 11–13.]
Respondents’ return to the Petition does not contest any of Petitioner’s alleged facts.
Though Respondents state their position is that Petitioner is subject to mandatory detention
under § 1225(b), they “acknowledge[] that this District’s prior decisions” regarding
Petitioner’s classification under 8 U.S.C. § 1225 or §1226 “would control the result here .
. . as the facts are not materially distinguishable . . . on the legal issue of which statutory
provision authorizes Petitioner’s detention.” [Doc. No. 4 at 3.]
Case 3:26-cv-00880-CAB-VET Document 5 Filed 02/26/26 PageID.<pageID> Page
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3:26-cv-00880-CAB-VET
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In light of the Government’s Response, which amounts to a non-opposition that
improperly incorporates arguments and materials by reference, the Court ORDERS
Respondents to provide Petitioner a bond hearing before an immigration judge, held
pursuant to 8 U.S.C. § 1226(a), by March 12, 2026. Respondents are further ORDERED
to update this Court on the outcome of Petitioner’s bond hearing by March 16, 2026.
It is SO ORDERED.
Dated: February 26, 2026
Case 3:26-cv-00880-CAB-VET Document 5 Filed 02/26/26 PageID.<pageID> Page
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