Middle District of Pennsylvania • 3:26-cv-01704

Kumar v. Hoover

Completed

Case Information

Filed: June 22, 2026
Assigned to: Joseph F. Saporito Jr.
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (IMMIGRATION)
Completed: August 21, 2026
Last Activity: October 07, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 22, 2026
PETITION for Writ of Habeas Corpus lodged as no filing fee was paid and no Motion for In Forma Pauperis was filed, filed by Kumar Ramesh. (Attachments: # 1 Exhibit - Arrest Warrant) (ea) (Entered: 06/22/2026)
Main Document: PETITION
#2
Jun 22, 2026
PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachments: # 1 AO 85 Notice & Consent Form) (ea) (Entered: 06/22/2026)
Main Document: PRO
#3
Jun 22, 2026
(THIRTY (30) DAY ADMINISTRATIVE ORDER) directing the prisoner to pay the filing fee or file a signed Application to Proceed IFP within 30 days or case will be dismissed. Signed by Deputy Clerk on 6/22/2026. (Attachments: # 1 IFP (Habeas)) (ea) (Entered: 06/22/2026)
Main Document: (THIRTY
#4
Jun 29, 2026
Filing fee: PAID $ 5.00, receipt number 111105645. Petition is now deemed FILED. (sh) (Entered: 06/29/2026)
Main Document: Filing Fee Received - Petition is now deemed Filed.
Jun 30, 2026
ADI Receipt Entry
Jun 30, 2026
Receipt of payment from RAMESH KUMAR in the amount of $5.00 for Writ of Habeas Corpus. Transaction posted on 6/29/2026. Receipt number 111105645 processed by SH. (zd)
#5
Jul 24, 2026
NOTICE of Appearance by Jonathan O'Boyle on behalf of Ramesh Kumar (O'Boyle, Jonathan) (Entered: 07/24/2026)
Main Document: NOTICE
#6
Jul 27, 2026
ORDER TO SHOW CAUSE Show Cause Response due by 8/3/2026. Signed by Honorable Joseph F. Saporito, Jr on 7/27/26. (ms) (Entered: 07/27/2026)
Main Document: ORDER
#7
Jul 28, 2026
CERTIFICATE OF SERVICE by Ramesh Kumar (O'Boyle, Jonathan) (Entered: 07/28/2026)
Main Document: CERTIFICATE
#8
Jul 30, 2026
RESPONSE TO PETITION FOR HABEAS CORPUS by Angela Hoover by Angela Hoover. (Attachments: # 1 Exhibit(s) Ex 1 Record of Deportable Inadmissible Alien, # 2 Exhibit(s) Ex 2 Notice to Appear, # 3 Exhibit List)(Butler, Michael) (Entered: 07/30/2026)
Main Document: RESPONSE
#9
Aug 06, 2026
Reply to Opposition to Writ of Habeas Corpus Petition (O'Boyle, Jonathan) Modified on 8/7/2026 (ms). (Entered: 08/06/2026)
Main Document: Reply
#10
Aug 21, 2026
MEMORANDUM (Order to follow as separate docket entry) re 1 Petition for Writ of Habeas Corpus(Lodged No FF and No Motion for IFP Filed) filed by Ramesh Kumar. For the foregoing reasons, the court concludes that the petitioner is currently detained pursuant to 8 U.S.C. § 1226(a), not 8 U.S.C. § 1225(b)(2), and thus he is entitled to an individualized bond hearing. Accordingly, the petition will be granted, and the government will be ordered to provide the petitioner with an individualized bond hearing within twenty-one days or to release him from custody. An appropriate order follows. Signed by Honorable Joseph F. Saporito, Jr on 8/21/26. (ms) (Entered: 08/21/2026)
Main Document: MEMORANDUM (Order to follow as separate docket entry) re 1 Petition for Writ of Habeas Corpus(Lodged No FF and No Motion for IFP Filed) filed by Ramesh Kumar. For the foregoing reasons, the court concludes that the petitioner is currently detaine d pursuant to 8 U.S.C. § 1226(a), not 8 U.S.C. § 1225(b)(2), and thus he is entitled to an individualized bond hearing. Accordingly, the petition will be granted, and the government will be ordered to provide the petitioner with an individualized b
#11
Aug 21, 2026
ORDER (memorandum filed previously as separate docket entry). In accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT:1.The petition (Doc. 1) is GRANTED;2.The government shall either provide Kumar with a constitutionally adequate individualized bond hearing within twenty-one (21) days after entry of this order or release Kumar on his own recognizance, pursuant to 8 U.S.C. § 1226(a);3.At this individualized bond hearing, the government shall bear the burden of proving by clear and convincing evidence that the petitioners continued detention is necessary to prevent him from fleeing or harming the community;4.The respondent shall file a written notice of the outcome of this individualized bond determination by an immigration judge within seven (7) days after the date of the hearing; and5.The clerk is directed to mark this case as CLOSED. Signed by Honorable Joseph F. Saporito, Jr on 8/21/26. (ms) (Entered: 08/21/2026)
Main Document: ORDER (memorandum filed previously as separate docket entry). In accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT:1.The petition (Doc. 1) is GRANTED;2.The government shall either provide Kumar with a constitutionally adequate i ndividualized bond hearing within twenty-one (21) days after entry of this order or release Kumar on his own recognizance, pursuant to 8 U.S.C. § 1226(a);3.At this individualized bond hearing, the government shall bear the burden of proving by c le
#12
Sep 01, 2026
NOTICE by Assistant Field Director Reid, Angela Hoover, Kristi Noem re 11 Order (memorandum filed previously as separate docket entry),,, of Immigration Bond Hearing (Attachments: # 1 Exhibit(s) Ex. 1: Order of the Immigration Judge)(Butler, Michael) (Entered: 09/01/2026)
Main Document: NOTICE
#13
Sep 15, 2026
AMENDED MEMORANDUM (Order to follow as separate docket entry) re 10 Memorandum (Order to follow as separate docket entry),, 11 Order (memorandum filed previously as separate docket entry),,, 1 Petition for Writ of Habeas Corpus(Lodged No FF and No Motion for IFP Filed) filed by Ramesh Kumar. For the foregoing reasons, the court concludes that, because he is not actively seeking admission and has been living in interior of the United States for an extended period of time, the petitioners continued mandatory detention without a bond hearing under 8 U.S.C. § 1225(b)(2)(A) is unlawful. Accordingly, we will grant the petition and order the petitioners immediate release from custody. See Andrade v. Rose, No. 26-603, 2026 WL 401189 (E.D. Pa. Feb. 12, 2026) (granting immediate release), affd sub nom. Buele Morocho v. Warden Phila. FDC, ___ F.4th ____, 2026 WL 2546223 (3d Cir. Aug. 28, 2026); Buele Morocho v. Jamison, No. 25-cv-05930, 2025 WL 3296300 (E.D. Pa. Nov. 26, 2025) (same), affd sub nom. Buele Morocho v. Warden Phila. FDC, ___ F.4th ____, 2026 WL 2546223 (3d Cir. Aug. 28, 2026).An appropriate order follows. Signed by Honorable Joseph F. Saporito, Jr on 9/15/26. (ms) (Entered: 09/15/2026)
Main Document: AMENDED MEMORANDUM (Order to follow as separate docket entry) re 10 Memorandum (Order to follow as separate docket entry),, 11 Order (memorandum filed previously as separate docket entry),,, 1 Petition for Writ of Habeas Corpus(Lodged No FF and No Motion for IFP Filed) filed by Ramesh Kumar. For the foregoing reasons, the court concludes that, because he is not actively seeking admission and has been living in interior of the United States for an extended period of time, the petiti
#14
Sep 15, 2026
AMENDED ORDER (memorandum filed previously as separate docket entry). In accordance with the accompanying Amended Memorandum, IT IS HEREBY ORDERED THAT:1.The petition (Doc. 1) is GRANTED;2.The government shall immediately release the petitioner from custody;3.The respondent shall file a written notice of the petitioners release from custody within three (3) days after such release;4.In the interim, the respondent shall file a written status report with respect to the petitioners custody status every seven (7) days after entry of this order, until the petitioners actual release from custody; and5.The clerk is directed to mark this case as CLOSED. Signed by Honorable Joseph F. Saporito, Jr on 9/15/26. (ms) (Entered: 09/15/2026)
Main Document: AMENDED ORDER (memorandum filed previously as separate docket entry). In accordance with the accompanying Amended Memorandum, IT IS HEREBY ORDERED THAT:1.The petition (Doc. 1) is GRANTED;2.The government shall immediately release the petitioner from custody;3.The respondent shall file a written notice of the petitioners release from custody within three (3) days after such release;4.In the interim, the respondent shall file a written status report with respect to the petitioners custody statu
#15
Sep 15, 2026
ORDER re 10 Memorandum (Order to follow as separate docket entry),, 1 Petition for Writ of Habeas Corpus(Lodged No FF and No Motion for IFP Filed) filed by Ramesh Kumar, 11 Order (memorandum filed previously as separate docket entry),,, 8 Response to Petition for Habeas Corpus filed by Angela Hoover, 14 Order (memorandum filed previously as separate docket entry),, 13 Memorandum (Order to follow as separate docket entry),,,, 9 Notice filed by Ramesh Kumar. Upon further consideration of the petition (Doc. 1), response (Doc. 8), and reply (Doc. 9), and in light of the recent decision by the United States Court of Appeals for the Third Circuit in Buele Morocho v. Warden Phila. FDC, ___ F.4th ____, 2026 WL 2546223 (3d Cir. Aug. 28, 2026), IT IS HEREBY ORDERED THAT the Amended Memorandum and Amended Order filed herewith SUPERSEDE the Memorandum (Doc. 10) and Order (Doc. 11) entered in this case on August 21, 2026. See Bryant v. N.J. Dept of Transp., 998 F. Supp. 438, 441 (D.N.J. 1998) (A district court may... vacate a judgment pursuant to Rule 59(e) on the basis of an intervening change in controlling law.); id. at 442 (A district court may invoke this power sua sponte.); see also Graham v. Hoffer, No. 1:05-CV-2679, 2008 WL 4570667, at *1 (M.D. Pa. Oct. 10, 2008) (quoting Bryant, 998 F. Supp. at 442). Signed by Honorable Joseph F. Saporito, Jr on 9/15/26. (ms) (Entered: 09/15/2026)
Main Document: ORDER re 10 Memorandum (Order to follow as separate docket entry),, 1 Petition for Writ of Habeas Corpus(Lodged No FF and No Motion for IFP Filed) filed by Ramesh Kumar, 11 Order (memorandum filed previously as separate docket entry),,, [8 ] Response to Petition for Habeas Corpus filed by Angela Hoover, 14 Order (memorandum filed previously as separate docket entry),, 13 Memorandum (Order to follow as separate docket entry),,,, 9 Notice filed by Ramesh Kumar. Upon furthe
#16
Sep 15, 2026
Emergency MOTION for Reconsideration re 14 Order (memorandum filed previously as separate docket entry),, by Angela Hoover. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence)(Butler, Michael) (Entered: 09/15/2026)
Main Document: Emergency MOTION
#17
Sep 15, 2026
BRIEF IN SUPPORT re 16 Emergency MOTION for Reconsideration re 14 Order (memorandum filed previously as separate docket entry),, filed by Angela Hoover. (Attachments: # 1 Exhibit(s))(Butler, Michael) (Entered: 09/15/2026)
Main Document: BRIEF
#18
Sep 16, 2026
ORDER re 16 Emergency MOTION for Reconsideration re 14 Order (memorandum filed previously as separate docket entry),, filed by Angela Hoover, 15 Order. Upon consideration of the respondents emergency motion for reconsideration (Doc. 16), in which the respondent reports that the petitioner is now subject to an administratively final removal order and therefore confined pursuant to 8 U.S.C. § 1231 rather than 8 U.S.C. § 1225(b)(2)(A), IT IS HEREBY ORDERED THAT:1.The courts Amended Order (Doc. 15), entered on September 15, 2026, shall be STAYED until further order of this court;2.The petitioner shall file and serve a brief in opposition to the respondents motion for reconsideration (Doc. 16) within seven (7) days after entry of this order;3.In addition to responding to the arguments presented by the respondent in her motion for reconsideration, the petitioners brief in opposition shall SHOW CAUSE why this habeas case should not be dismissed as moot, see Rodney v. Mukasey, 340 Fed. Appx 761, 76364 (3d Cir. 2009); St. Victor v. Atty Gen. U.S., No. 26-cv-00666, 2026 WL 1345974, at *1 (M.D. Pa. May 14, 2026);4.The respondent may file a reply brief within seven (7) days after service of the petitioners brief in opposition. Signed by Honorable Joseph F. Saporito, Jr on 9/16/26. (ms) (Entered: 09/16/2026)
Main Document: ORDER
#19
Sep 23, 2026
BRIEF IN OPPOSITION re 16 Emergency MOTION for Reconsideration re 14 Order (memorandum filed previously as separate docket entry),, filed by Ramesh Kumar. (Attachments: # 1 Exhibit(s) Bia Appeal)(O'Boyle, Jonathan) (Entered: 09/23/2026)
Main Document: BRIEF
#20
Sep 30, 2026
REPLY BRIEF re 16 Emergency MOTION for Reconsideration re 14 Order (memorandum filed previously as separate docket entry),, filed by Angela Hoover.(Butler, Michael) (Entered: 09/30/2026)
Main Document: REPLY
Oct 01, 2026
DOCKET ANNOTATION: Counsel is advised that all exhibits should be filed as separate pdf attachments to the main document, notably in document 19 and future filings. (klr)
#21
Oct 05, 2026
MOTION for Leave to File Sur Reply by Ramesh Kumar. (Attachments: # 1 Memo Sur Reply)(O'Boyle, Jonathan) (Entered: 10/05/2026)
Main Document: MOTION
#22
Oct 07, 2026
ORDER granting 21 Motion for Leave to File a sur-reply. The petitioner shall file its proposed sur-reply within seven (7) days after entry of this order. Signed by Honorable Joseph F. Saporito, Jr. on 10/07/2026 (nrr) (Entered: 10/07/2026)
Main Document: ORDER
#23
Oct 07, 2026
SUR REPLY to REPLY to Response to Motion re 16 Emergency MOTION for Reconsideration re 14 Order (memorandum filed previously as separate docket entry),, Per DE 22 filed by Ramesh Kumar.(O'Boyle, Jonathan) (Entered: 10/07/2026)
Main Document: SUR

Parties

Hoover
Party
Ramesh
Party