Western District of New York • 1:26-cv-02204

Sharma v. Ball

Active

Case Information

Filed: September 30, 2026
Assigned to: John Leonard Sinatra Jr.
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: October 24, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 30, 2026
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-6009276.), filed by Kamal Kumar Sharma. (Attachments: # 1 Declaration of Edgar Loy Fankbonner, Esq.)(Fankbonner, Edgar) (Entered: 09/30/2026)
Main Document: Emergency PETITION
#2
Sep 30, 2026
MOTION for Order to Show Cause by Kamal Kumar Sharma. (Attachments: # 1 Text of Proposed Order)(Fankbonner, Edgar) (Entered: 09/30/2026)
Main Document: MOTION
Oct 01, 2026
E-Filing Notification: regarding 1 PETITION: Attorney is directed to file a civil cover sheet (JS-44), pursuant to Local Rule 3. Please docket using the Continuation of Exhibits event located within the Responses and Replies category. (CT)
Oct 01, 2026
Case Assigned to Hon. John L. Sinatra, Jr. Notification to chambers of online civil opening. (CT)
Oct 01, 2026
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636(c) and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (CT)
#3
Oct 02, 2026
TEXT ORDER. Through counsel, Petitioner seeks relief under 28 U.S.C. § 2241. Dkt. 1 . Respondents shall respond to the petition by October 16, 2026, and Petitioner's reply is due by October 23, 2026. Additionally, Petitioner's 2 MOTION for Order to Show Cause is DENIED. There is no need to interfere with the Department of Homeland Security's authority to "arrange for appropriate places of detention for aliens detained pending removal or a decision on removal[,]" under Title 8, United States Code, Section 1231(g)(1), because this Court will retain jurisdiction over Petitioner's habeas petition regardless of where he is transferred. See Santillanes v. U.S. Parole Comm'n, 754 F.2d 887, 888 (10th Cir. 1985) ("It is well established that jurisdiction attaches on the initial filing for habeas corpus relief, and it is not destroyed by a transfer of the petitioner and the accompanying custodial change."). Moreover, 8 U.S.C. § 1252(g) bars this Court from enjoining Respondents from removing Petitioner from the United States while this proceeding is pending. See Reno v. Am.-Arab Anti-Discrimination Comm., 525 U.S. 471, 482 (1999); Delgado v. Quarantillo, 643 F.3d 52, 53 (2d Cir. 2011). The Clerk of Court shall serve a copy of the petition (Dkt. 1 ), Petitioners motion (Dkt. 2 ), and a copy of this Text Order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 10/2/2026. (KLH) (Entered: 10/02/2026)
Oct 02, 2026
Remark: Chambers emailed 1 Petition and 2 motion to USANYW-Immigration-Habeas@usdoj.gov. (KLH)
#4
Oct 16, 2026
NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Michael Ball, Markwayne Mullin, Philip Rhoney, David J. Venturella. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 10/16/2026)
#5
Oct 16, 2026
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Michael Ball, Markwayne Mullin, Philip Rhoney, David J. Venturella. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 10/16/2026)
Main Document: MOTION
#6
Oct 23, 2026
MEMORANDUM in Opposition re 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kamal Kumar Sharma. (Fankbonner, Edgar) (Entered: 10/23/2026)
Main Document: MEMORANDUM
#7
Oct 24, 2026
REPLY/RESPONSE to re 6 Memorandum in Opposition to Motion filed by Michael Ball, Markwayne Mullin, Philip Rhoney, David J. Venturella. (Khalil, Adam) (Entered: 10/24/2026)
Main Document: REPLY/RESPONSE

Parties

Ball
Party
Sharma
Party