Southern District of Indiana • 2:26-cv-00224

SARSOUR v. SWEARINGEN

Active

Case Information

Filed: March 31, 2026
Assigned to: James Patrick Hanlon
Referred to: M. Kendra Klump
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: July 08, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 31, 2026
PETITION for Writ of Habeas Corpus, filed by SALAH SALEM SARSOUR. (Filing fee $5, receipt number AINSDC-9194980) (Attachments: # 1 Civil Cover Sheet)(Nimer, Jennifer) (Entered: 03/31/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 31, 2026
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (KAA) (Entered: 03/31/2026)
Main Document: Magistrate Judge Notice of Availability to Exercise Jurisdiction
#3
Mar 31, 2026
NOTICE of Appearance by Jennifer Nimer on behalf of Petitioner SALAH SALEM SARSOUR. (Nimer, Jennifer) (Entered: 03/31/2026)
Main Document: Notice of Appearance
#4
Mar 31, 2026
Case transferred in from Indianapolis Division on 03/31/2026 - Case Number 1:26-cv-623. Case assigned to Judge James Patrick Hanlon and Magistrate Judge M. Kendra Klump., filed by SALAH SALEM SARSOUR.(TPS) (Entered: 03/31/2026)
Main Document: Case Transferred In - Divisional Transfer
#5
Apr 01, 2026
ORDER TO SHOW CAUSE - The respondents are notified of the filing of the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. This material has been scanned into the Court's electronic docket. A copy of this Order to Show Cause, the petition, and exhibits shall be distributed electronically to the United States Attorney.The clerk is directed to issue process by mail to the Clay County Respondent. Process will consist of the petition (dkt. 1 ) and this Order. The respondents will have through 5:00 p.m. on April 6, 2026, to answer the allegations of the habeas petition and show cause why the relief sought by the petitioner should not be granted. The petitioner will have through 12:00 p.m. on April 8, 2026, to reply. Show Cause Response due by 4/6/2026 *** SEE ORDER ***. Signed by Judge James Patrick Hanlon on 4/1/26. Copies provided per distribution list. (CKM) (Entered: 04/01/2026)
Main Document: Order to Show Cause
#6
Apr 01, 2026
MOTION for Attorney(s) Kathryn H. Brady to Appear pro hac vice (Filing fee $100, receipt number AINSDC-9199135), filed by Petitioner SALAH SALEM SARSOUR. (Attachments: # 1 Exhibit Certificate of Kathryn H. Brady, # 2 Text of Proposed Order)(Nimer, Jennifer) (Entered: 04/01/2026)
Main Document: Appear pro hac vice
#7
Apr 01, 2026
MOTION for Attorney(s) HASSAN M. AHMAD to Appear pro hac vice (Filing fee $100, receipt number AINSDC-9199232), filed by Petitioner SALAH SALEM SARSOUR. (Attachments: # 1 Exhibit Certification of HASSAN M. AHMAD, # 2 Text of Proposed Order)(Nimer, Jennifer) (Entered: 04/01/2026)
Main Document: Appear pro hac vice
#8
Apr 02, 2026
Order on Motion to Appear pro hac vice
Main Document: Order on Motion to Appear pro hac vice
#9
Apr 02, 2026
Order on Motion to Appear pro hac vice
Main Document: Order on Motion to Appear pro hac vice
#10
Apr 03, 2026
Notice of Appearance
Main Document: Notice of Appearance
#11
Apr 03, 2026
Extension of Time (Other)
Main Document: Extension of Time (Other)
#12
Apr 03, 2026
Notice of Appearance
Main Document: Notice of Appearance
#13
Apr 04, 2026
Order on Motion for Extension of Time to File
Main Document: Order on Motion for Extension of Time to File
#14
Apr 05, 2026
Notice of Appearance
Main Document: Notice of Appearance
#15
Apr 05, 2026
Return to Order to Show Cause (Habeas Case Only)
Main Document: Return to Order to Show Cause (Habeas Case Only)
#16
Apr 09, 2026
Appear pro hac vice
Main Document: Appear pro hac vice
#17
Apr 13, 2026
Submission
Main Document: Submission
#18
Apr 13, 2026
Appear pro hac vice
Main Document: Appear pro hac vice
#19
Apr 13, 2026
Appear pro hac vice
Main Document: Appear pro hac vice
#20
Apr 13, 2026
Appear pro hac vice
Main Document: Appear pro hac vice
#21
Apr 13, 2026
Amended Complaint
Main Document: Amended Complaint
#22
Apr 13, 2026
Extend Deadlines
Main Document: Extend Deadlines
#23
Apr 14, 2026
Order on Motion to Extend Deadlines
Main Document: Order on Motion to Extend Deadlines
#24
Apr 15, 2026
Order on Motion to Appear pro hac vice
Main Document: Order on Motion to Appear pro hac vice
#25
Apr 15, 2026
Order on Motion to Appear pro hac vice
Main Document: Order on Motion to Appear pro hac vice
#26
Apr 15, 2026
Order on Motion to Appear pro hac vice
Main Document: Order on Motion to Appear pro hac vice
#27
Apr 15, 2026
Order on Motion to Appear pro hac vice
Main Document: Order on Motion to Appear pro hac vice
#28
Apr 17, 2026
Order
Main Document: Order
#29
Apr 20, 2026
Response (Non-Motion)
Main Document: Response (Non-Motion)
#30
Apr 22, 2026
Extend Deadlines
Main Document: Extend Deadlines
#31
Apr 23, 2026
Order on Motion to Extend Deadlines
Main Document: Order on Motion to Extend Deadlines
#32
Apr 24, 2026
Motion (Other) AND Preliminary Injunction
Main Document: Motion (Other) AND Preliminary Injunction
#33
Apr 24, 2026
Brief/Memorandum in Support
Main Document: Brief/Memorandum in Support
#34
May 04, 2026
Notice of Appearance
Main Document: Notice of Appearance
#35
May 04, 2026
Response in Opposition to Motion
Main Document: Response in Opposition to Motion
#36
May 05, 2026
Response (Non-Motion)
Main Document: Response (Non-Motion)
#37
May 08, 2026
Reply in Support of Motion
Main Document: Reply in Support of Motion
#38
May 12, 2026
Leave to File
Main Document: Leave to File
#39
May 12, 2026
Brief/Memorandum in Support
Main Document: Brief/Memorandum in Support
#40
May 12, 2026
Amicus Curiae Appearance
Main Document: Amicus Curiae Appearance
#41
May 29, 2026
Statement
Main Document: Statement
#42
Jun 01, 2026
Response (Non-Motion)
Main Document: Response (Non-Motion)
#43
Jun 03, 2026
NOTICE SCHEDULING TELEPHONIC STATUS CONFERENCE: This cause is set for a telephonic status conference on June 8, 2026, at 1:30 p.m. Eastern.*** TEXT ONLY ENTRY ***(CW) Modified on 6/4/2026- removed phone and access code. (CW). ***SEE AMENDED NOTICE*** (Entered: 06/03/2026)
Jun 03, 2026
SCHEDULING Order
#44
Jun 04, 2026
AMENDED NOTICE SCHEDULING TELEPHONIC STATUS CONFERENCE: This cause is set for a telephonic status conference on June 8, 2026, at 1:30 p.m. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Non-parties who wish to attend the hearing may contact the Courtroom Deputy Clerk at carina_weed@insd.uscourts.gov for instructions to dial-in to the conference. Those granted access to the proceedings are reminded of the general prohibition against recording and rebroadcasting of court proceedings. Violating these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. *** TEXT ONLY ENTRY *** (CW) (Entered: 06/04/2026)
#46
Jun 04, 2026
Order to Produce Inmate
Main Document: Order to Produce Inmate
Jun 04, 2026
SCHEDULING Order
#47
Jun 05, 2026
Notice of Appearance
Main Document: Notice of Appearance
#48
Jun 07, 2026
Appear pro hac vice
Main Document: Appear pro hac vice
#49
Jun 08, 2026
Notice of Appearance
Main Document: Notice of Appearance
#50
Jun 08, 2026
ORDER granting 48 Motion to Appear pro hac vice. Attorney Samuel Cole for SALAH SALEM SARSOUR added. Signed by Magistrate Judge M. Kendra Klump on 6/8/2026. (SPT) (Entered: 06/08/2026)
Main Document: Order on Motion to Appear pro hac vice
#51
Jun 08, 2026
MINUTE ENTRY for proceedings held before Judge James Patrick Hanlon on 6/8/2026: On this date, the Court held a telephonic status conference. Petitioner Salah Salem Sarsour, appeared by counsel, Luna Droubi, Kathryn Helen Brady, Tala Alfoqaha, and Samuel B. Cole (pro hac vice pending). Respondent Brison Swearingen appeared by counsel, Liberty L. Roberts. Respondents Todd Lyons, Markwayne Mullin, Marco Rubio, and Todd Blanche appeared by counsel Joshua Clem and David J. Byerley. The conference was recorded by Court Reporter Jodie Franzen. For the reasons stated on the record, the matter was taken under advisement. (CW) (Entered: 06/08/2026)
Main Document: Telephone Conference
#52
Jun 16, 2026
Official Transcript
Main Document: Official Transcript
#53
Jun 16, 2026
Notice of Filing of Official Transcript
Main Document: Notice of Filing of Official Transcript
#54
Jun 17, 2026
Appear pro hac vice
Main Document: Appear pro hac vice
#55
Jun 18, 2026
ORDER GRANTING MOTION FOR RELEASE PENDING ADJUDICATION OF HABEAS PETITION: Petitioner Salah Salem Sarsour is a lawful permanent resident who has lived in the United States for 33 years. On March 30, 2026, Immigration and Customs Enforcement (ICE) officers arrested Mr. Sarsour and initiated proceedings to have him removed, or deported, from the United States. Department of Homeland Security officials ordered that Mr. Sarsour be held in detention pending adjudication of his immigration case. Mr. Sarsour is being held at the Clay County Jail in Indiana. He has filed a petition for a writ of habeas corpus, dkt. 21, and a motion for release pending adjudication of his habeas petition, dkt. 32 . The sole issue addressed by the Court in this Order is Mr. Sarsour's motion for release pending adjudication of his habeas petition. For the reasons explained below, the Court finds that it has jurisdiction over Mr. Sarsour's habeas petition, and by extension, his motion for release, and that Mr. Sarsour has presented a substantial claim of First Amendment retaliation. The Court does not decide the ultimate outcome of Mr. Sarsour's First Amendment habeas claim or the merits of the charges of removability against him. The Court only concludes, on the present record, that Mr. Sarsour has raised a "substantial" First Amendment retaliation claim, which could render his detention unlawful. The unopposed motion to file an amicus brief, which provides a unique perspective and may be useful to the Court in resolving the petition, is granted. Dkt. 38 . Voices for Choices v. Illinois Bell Tel. Co., 339 F.3d 542, 544 (7th Cir. 2003) (Posner, J., in chambers). The motion for release pending the adjudication of the habeas petition, dkt. 32, is granted. Respondents shall immediately release Mr. Sarsour on his personal recognizance, subject to the above-stated conditions. (SEE ORDER.) Signed by Judge James Patrick Hanlon on 6/18/2026. (CW) (Entered: 06/18/2026)
Main Document: Order on Motion AND Order on Motion for Leave to File
#56
Jun 25, 2026
Order on Motion to Appear pro hac vice
Main Document: Order on Motion to Appear pro hac vice
#57
Jul 01, 2026
Order
Main Document: Order
#58
Jul 06, 2026
Withdraw Attorney Appearance
Main Document: Withdraw Attorney Appearance
#59
Jul 08, 2026
Order on Motion to Withdraw Attorney Appearance
Main Document: Order on Motion to Withdraw Attorney Appearance