Kamalpreet Singh v. Pamela Bondi U.S. Attorney, et al.

CourtDistrict Court, S.D. Indiana
DecidedOctober 30, 2025
Docket1:25-cv-02101
StatusUnknown

This text of Kamalpreet Singh v. Pamela Bondi U.S. Attorney, et al. (Kamalpreet Singh v. Pamela Bondi U.S. Attorney, et al.) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kamalpreet Singh v. Pamela Bondi U.S. Attorney, et al., (S.D. Ind. 2025).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

KAMALPREET SINGH, ) ) Petitioner, ) ) v. ) No. 1:25-cv-02101-SEB-TAB ) PAMELA BONDI U.S. Attorney, et al., ) ) Respondents. )

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS Kamalpreet Singh is detained at Miami Correctional Facility under the authority of U.S. Immigration and Customs Enforcement. Mr. Singh filed a petition for a writ of habeas corpus while detained in Marion County, so the action is properly before this Court. Rumsfeld v. Padilla, 542 U.S. 426, 441 (2004) ("[W]hen the Government moves a habeas petitioner after she properly files a petition naming her immediate custodian, the District Court retains jurisdiction and may direct the writ to any respondent within its jurisdiction who has legal authority to effectuate the prisoner's release."). Mr. Singh is petitioning for a bond hearing before an immigration judge. Although he previously sought bond, an immigration judge acting without a hearing, denied his request, stating that the statutory basis for Mr. Singh's conviction makes him ineligible for bond. The crux of Mr. Singh's petition is that ICE detained him under a statute that entitles him to eligibility for bond and that the immigration judge's refusal to consider bond makes his continued detention unlawful. The government contends in response that this Court lacks jurisdiction over Mr. Singh's challenge and that, in any event, the immigration judge's analysis was correct. The parties' submissions establish that this Court has jurisdiction over Mr. Singh's claims, that he is statutorily eligible for bond, and that his continued detention without a bond hearing is "in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2241(c)(3). Therefore, the petition is granted.

I. Facts Mr. Singh entered the United States in April 2023. Dkt. 15-4 at 8. Border Patrol agents apprehended him near either Lukeville, Arizona, or Hidalgo, Texas. Id. at 7–8; dkt. 1 ¶ 14; dkt. 1- 1 at 2. If Mr. Singh was found to be an "alien arriving in the United States," the government was obligated by statute to immediately order Mr. Singh removed from the United States or refer him to an asylum officer, at which point he would have been subject either to removal or mandatory detention pending review of his claim. 8 U.S.C. § 1225(b)(1). Alternatively, if Mr. Singh was found to be "an applicant for admission" to the United States, the government was obligated to detain him pending resolution of removal proceedings. 8 U.S.C. § 1225(b)(2).

The government did not proceed in accordance with either of these procedures. Instead, a Border Patrol Agent issued a notice to appear directing Mr. Singh to appear before an immigration judge in San Francisco in March 2025. Dkt. 1-1. That notice identified Mr. Singh as "an alien present in the United States who has not been admitted or paroled," not as "an arriving alien." Id. at 1. The notice also did not identify Mr. Singh as an applicant for admission. Id. In July 2023, an ICE official ordered Mr. Singh released on his own recognizance on the basis of "section 236 of the Immigration and Nationality Act," dkt. 1-2 at 19–22, that is U.S.C. § 1226. Id. at 19. The Order also stated that Mr. Singh has "been arrested and placed in removal proceedings" and is "being released" subject to compliance with certain conditions. Id. His removal proceeding and asylum claim remain pending, and his next hearing is scheduled for February 2027. Dkt. 1-2 at 12. On August 9, 2025, Mr. Singh was arrested and charged with a misdemeanor in Marion County. Dkt. 1-2 at 28. He posted a $1,000 cash bond on August 12. Id. at 31–32. ICE lodged a

detainer with the Marion County Sheriff and took Mr. Singh into custody pursuant to its warrant on August 14. Dkt. 15-4 at 8. Mr. Singh requested release on bond in the removal proceeding. On October 9, Immigration Judge Angela Munson denied Mr. Singh's request in a single sentence ruling: "This Court lacks jurisdiction to set a bond in this case. See, Matter of Yajure Hurtado 29 I&N Dec. 216 (BIA 2025), and Matter of Q. LI, 29 I&N Dec. 66 (BIA 2025)." Dkt. 1-3. II. Subject Matter Jurisdiction Mr. Singh seeks habeas corpus relief based on Judge Munson's refusal to consider bond. Respondents argue that three statutory provisions deprive this Court of jurisdiction over Mr. Singh's challenge. Dkt. 15 at 5–9. However, similar arguments have either been specifically

rejected in prior decisions that are binding on us or are plainly inapplicable to Mr. Singh's challenge. The Respondents have also advanced a jurisdictional argument based on broad principles of American immigration law, which address claims not raised by Mr. Singh. A. Title 8 U.S.C. § 1252(g) Respondents cite Title 8 U.S.C. § 1252(g), which provides in relevant part: "No court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien under this chapter." Thus, Respondents argue, "(Title) 8 U.S.C. § 1252(g) strips all federal courts of jurisdiction over challenges to executive branch decisions to execute removal orders." Dkt. 15 at 5. This assertion is irrelevant, given that Mr. Singh is not challenging any decision to execute a removal order. In fact, because his current removal proceeding is still ongoing, there is no removal order to

execute. Respondents also cite § 1252(g) arguing that it "also bars district courts from hearing challenges to the method by which the Secretary of Homeland Security chooses to commence removal proceedings, including the decision to detain an alien pending removal." Dkt. 15 at 5. Whatever the legal basis of this argument may be, it is not found in § 1252(g), which includes no reference to detention. In addition, the argument can't be based on any prior judicial interpretation of the text in light of the clear holding of the Supreme Court: "The provision applies only to three discrete actions that the Attorney General may take: her 'decision or action' to 'commence proceedings, adjudicate cases, or execute removal orders.'" Reno v. Am.-Arab Anti- Discrimination Comm., 525 U.S. 471, 482 (1999) (emphasis in original). The Seventh Circuit has

provided additional guidance, ruling explicitly that § 1252 does not bar a habeas challenge to the withholding of bond in a removal action: Parra, by contrast, did not ask the district court to block a decision "to commence proceedings, adjudicate cases, or execute removal orders against any alien under this chapter." His claim concerns detention while the administrative process lasts, and it may be resolved without affecting pending proceedings. Section 1252(g) therefore does not foreclose review [. . .]. Parra v. Perryman, 172 F.3d 954, 957 (7th Cir. 1999) (emphasis added; see also Carrera-Valdez v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wong Wing v. United States
163 U.S. 228 (Supreme Court, 1896)
Abel v. United States
362 U.S. 217 (Supreme Court, 1960)
Reno v. American-Arab Anti-Discrimination Committee
525 U.S. 471 (Supreme Court, 1999)
Demore v. Kim
538 U.S. 510 (Supreme Court, 2003)
Rumsfeld v. Padilla
542 U.S. 426 (Supreme Court, 2004)
Jennings v. Rodriguez
583 U.S. 281 (Supreme Court, 2018)
Nasrallah v. Barr
590 U.S. 573 (Supreme Court, 2020)
Johnson v. Guzman Chavez
594 U.S. 523 (Supreme Court, 2021)
Q. LI
29 I. & N. Dec. 66 (Board of Immigration Appeals, 2025)
Yajure Hurtado
29 I. & N. Dec. 216 (Board of Immigration Appeals, 2025)

Cite This Page — Counsel Stack

Bluebook (online)
Kamalpreet Singh v. Pamela Bondi U.S. Attorney, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/kamalpreet-singh-v-pamela-bondi-us-attorney-et-al-insd-2025.