TERRE HAUTE, Ind. — A Trump-appointed judge has ruled that Immigration and Customs Enforcement unlawfully detained an immigrant arrested in Jackson County without a bond hearing.
Sudhanshu Sharma, who has been held at the Clay County Jail since November, had filed a petition for a writ of habeas corpus, arguing that his continued detention was unconstitutional and violated federal law, according to records in U.S. District Court in Terre Haute.
The Clay County Jail in Brazil, Ind., operates as an ICE detention center, housing people awaiting immigration proceedings.
A petition for a writ of habeas corpus is a legal process that allows a court to review whether a person is being lawfully detained. Sharma’s petition names U.S. Attorney General Pam Bondi; former Homeland Security Secretary Kristi Noem; Clay County Sheriff Brison Swearingen; Samual Olson, the director of ICE’s Chicago field office; among others, as respondents.
U.S. District Judge James Patrick Hanlon recently ruled that Sharma’s detention falls under a section of immigration law that requires ICE to give him the chance to appear before an immigration judge to decide whether he should be released on bond. Hanlon ordered the federal government to allow Sharma a bond hearing or release him.
It is currently unclear whether Sharma was given a bond hearing or released from ICE custody. While the federal government was required to filed documentation with the court certifying its compliance, those records are not public.
“The Court finds that Mr. Sharma’s detention … is unlawful because he has not been afforded a bond hearing,” Hanlon states in the order. “…By refusing to provide a bond hearing, the respondents are detaining Mr. Sharma in violation of the laws of the United States, and he therefore is entitled to habeas corpus relief.”
Hanlon was nominated by President Donald Trump in April 2018 to serve as a U.S. district judge in the Southern District of Indiana.
The decision comes as the U.S. District Court for the Southern District of Indiana sees a historic surge in habeas corpus petitions filed by immigrant detainees.
As of Monday, there had been at least 148 such cases filed in the Southern District of Indiana so far this year, according to federal court records.
That is up from 76 cases filed during all of last year and a combined total of four cases filed during the 10-year period from 2015 to 2024, according to the Administrative Office of the U.S. Courts.
Since Feb. 1, detainees have prevailed in 13 of the 14 cases that advanced far enough to be decided on their merits in the Southern District of Indiana.
At least one other immigrant arrested in Jackson County, and two more in Johnson County, have also won recent habeas cases challenging their ICE detention.
Sharma, for his part, entered the United States illegally in 2023, according to federal court records.
Border patrol agents apprehended him shortly after he crossed the border into Arizona. Instead of detaining him, the agents ordered him to appear for removal proceedings and released him on his own recognizance.
This past October, Seymour police arrested Sharma during a traffic stop, according to a probable cause affidavit filed in Jackson Circuit Court. The officer had allegedly pulled over Sharma because his license plate was expired.
“I recognized Sharma from a case I worked … where he was the suspect in a failed attempt to sell illegal THC cartridges to a vape store,” the officer states in the affidavit. “…Upon reapproaching the vehicle, I asked Sharma if he would be willing to give consent for me, to search the vehicle to which Sharma agreed.”
While searching the vehicle, the officer allegedly “observed a cardboard box in the back seat that was taped shut.” The box allegedly contained vape cartridges, vapes and gummies containing tetrahydrocannabinol.
Tetrahydrocannabinol, or THC, is the main psychoactive ingredient in marijuana.
The probable cause affidavit states that Sharma was employed in a whole-sale business related to the sale vapes. Sharma allegedly told the officer that he had been in Clarksville that day and was on his way to a couple vape shops in Seymour when he was pulled over.
On Nov. 4, Jackson County Jail officials hand Sharma over to ICE to comply with a detainer, according to federal court records.
Nine days later, Jackson County prosecutors charged Sharma with a felony count of dealing in marijuana and a misdemeanor charge of marijuana possession, according to court records.
A pretrial conference in the criminal case is currently scheduled for April 10.