Pardeep Sharma v. Jeremy Casey, et al.
- Proceeding
- original
- Outcome
- other — Therefore, the Court will o
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
Petitioner Pardeep Sharma filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenging his detention by ICE, along with a motion for an order to show cause. The court ordered the government to respond to the petition within seven days and granted in part and denied in part the motion for an order to show cause.
| What the court decided | The model |
|---|---|
Ordering the government to respond to the petition for writ of habeas corpus“Therefore, the Court will order the Government to respond to the Petition.” | agree with court The court correctly identified that summary dismissal was unwarranted based on the cited standard and ordered the government to respond, which is the standard procedural step in a § 2241 case that survives initial screening. |
Granting in part and denying in part the motion for order to show cause“Given the Court’s briefing schedule, the Court GRANTS IN PART and DENIES IN PART the Motion for Order to Show Cause. (ECF No. 2.)” | agree with court The court granted the motion in part by setting a specific deadline for the government's response, but denied the request for a three-day deadline in favor of a seven-day deadline to promote uniform treatment of similar cases. |
The order itself: sound — The order correctly applies the standard for summary dismissal in a § 2241 case and sets a reasonable briefing schedule. It cites the appropriate authority for the screening standard and provides a clear rationale for the specific deadline chosen.
Opinion
1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 PARDEEP SHARMA, Case No. 25-cv-03335-BAS-DDL 14 Petitioner, ORDER: 15 v. (1) REQUIRING THE 16 JEREMY CASEY, et al., GOVERNMENT TO RESPOND 17 Respondents. TO PETITION FOR WRIT OF HABEAS CORPUS (ECF No. 1); 18 AND 19 (2) GRANTING IN PART AND 20 DENYING IN PART MOTION 21 FOR ORDER TO SHOW CAUSE (ECF No. 2) 22 23 24 On November 27, 2025, Petitioner Pardeep Sharma filed a Petition for Writ of 25 Habeas Corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.) In his Petition, Petitioner 26 claims that he is being detained by Immigration and Customs Enforcement in violation of 27 8 U.S.C. § 1226(a) and its associated regulations, as well as the Fifth Amendment. (Id.) 28 1 In addition, Petitioner filed a Motion for Order to Show Cause. (ECF No. 2.) 2 || Petitioner asks the Court to require the Government to respond to the Petition within three 3 || days under the procedures set forth in 28 U.S.C. § 2243. 4 Having reviewed the Petition, the Court finds summary dismissal is unwarranted at 5 ||this time. See Kourteva v. INS, 151 F. Supp. 2d 1126, 1128 (N.D. Cal. 2001) (“Summary 6 || dismissal is appropriate only where the allegations in the petition are vague or conclusory, 7 || palpably incredible, or patently frivolous or false.”). Therefore, the Court will order the 8 ||Government to respond to the Petition. However, to promote the uniform treatment of 9 || similarly situated Section 2241 petitions challenging immigration custody, the Court finds 10 appropriate to require the Government to respond to the Petition within seven days of 11 || this order. 12 Accordingly, the Court ORDERS as follows: 13 l. The Government must file a response to the Petition no later than December 14 8.2025. The Government’s response must address the allegations in the Petition and must 15 |/include any documents relevant to the determination of the issues raised in the Petition. 16 2. Petitioner may file a reply in support of his Petition no later than December 17 15,2025. 18 3. Given the Court’s briefing schedule, the Court GRANTS IN PART and 19 || DENIES IN PART the Motion for Order to Show Cause. (ECF No. 2.) 20 4. The Clerk of Court shall provide the Civil Division of the U.S. Attorney’s 21 || Office with a copy of the Petition (ECF No. 1) and this Order. 22 IT IS SO ORDERED. 23 24 DATED: December 1, 2025 ii ly A (Dipharb 25 Hon. Cynthia Bashant, Chief Judge 6 United States District Court 27 28 ~_9_