Case: Fulton v. Mayorkas

1:25-cv-00063 | U.S. District Court for the Western District of New York

Filed Date: Jan. 19, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 19, 2025, a Jamaican citizen suffering from End Stage Renal Disease, detained at Buffalo Federal Detention and subject to removal for a criminal conviction, sought habeas relief in U.S. District Court for the Western District of New York from removal because it would deprive him of adequate medical treatment absent planning and scheduling of treatments. Petitioner was detained by the United States Immigration and Customs Enforcement (ICE) as of August 25, 2023 for removal proceedings…

On January 19, 2025, a Jamaican citizen suffering from End Stage Renal Disease, detained at Buffalo Federal Detention and subject to removal for a criminal conviction, sought habeas relief in U.S. District Court for the Western District of New York from removal because it would deprive him of adequate medical treatment absent planning and scheduling of treatments. Petitioner was detained by the United States Immigration and Customs Enforcement (ICE) as of August 25, 2023 for removal proceedings following his conviction for attempted burglary in September 2022. The Immigration Judge denied his application for relief from removal and the Board of Immigration Appeals affirmed such denial on May 2, 2024, making him subject to a final order of removal as of that date. ICE scheduled Petitioner for deportation to Jamaica on January 30, 2025.

In his petition, Petitioner argued that removal without medical planning would violate (1) the Administrative Procedure Act, because ongoing detention without adequate medical care constitutes arbitrary agency action because it violates national detention standards, (2) the state-created danger doctrine under the Fifth Amendment’s substantive due process guarantee because effectuating removal without scheduled treatments “is egregious and shocks the conscience,” and (3) the Fifth Amendment’s procedural due process guarantee because effectuating removal without ensuring treatment creates “a substantial risk of an erroneous deprivation of [his] core interest in life and liberty.” He sought (1) an order to cease removal proceedings unless the government can demonstrate that post-removal medical appointments have been scheduled for him and (2) an order that the government cease actions toward effectuating his removal until the Court has adjudicated this petition. 

The District Court granted the government’s motion to dismiss, denying jurisdiction to review his claim under 8 U.S.C. § 1252(g); federal courts do not have jurisdiction to hear habeas corpus claims that challenge the Attorney General’s decision to execute removal orders. 

On January 29, 2025, the U.S. Court of Appeals for the Second Circuit granted a motion for stay of removal pending appeal. The case is pending.

Summary Authors

Ashton Smith (9/22/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69572920/parties/fulton-v-mayorkas/


Judge(s)

Sinatra, John Leonard (New York)

Attorney for Defendant

Moar, Daniel Barrie (New York)

Expert/Monitor/Master/Other

Decker, Sarah Emma (New York)

Gillman, Sarah Telo (New York)

Documents in the Clearinghouse

Documents in this case
9

1:25-cv-00063

Decision and Order

Jan. 24, 2025

Jan. 24, 2025

Order/Opinion

2025 WL 296051

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69572920/fulton-v-mayorkas/

Last updated Sept. 22, 2026, 12:37 p.m.

Docket for: Fulton v. Mayorkas
ECF Number Date Description Link
1 Jan. 19, 2025

PETITION for Writ of Habeas Corpus and Complaint for Injunctive Relief ( Filing fee $ 5 receipt number BNYWDC-5381336.), filed by Raheem Delano Fulton. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Decker, Sarah) (Entered: 01/19/2025)

RECAP
2 Jan. 19, 2025

NOTICE of Appearance by Sarah Telo Gillman on behalf of Raheem Delano Fulton (Gillman, Sarah) (Entered: 01/19/2025)

RECAP
3 Jan. 22, 2025

MOTION for Temporary Restraining Order by Raheem Delano Fulton. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Gillman, Sarah) (Entered: 01/22/2025)

RECAP
4 Jan. 22, 2025

TEXT ORDER. Counsel shall appear for a status conference regarding Petitioner's 3 Motion for Temporary Restraining Order on Thursday, 1/23/25 at 3:30 p.m. in Chautauqua Courtroom, 8th Floor East, 2 Niagara Square, Buffalo, NY before Hon. John L. Sinatra, Jr. Counsel may appear by telephone. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 1/22/2025. (KLH) (Entered: 01/22/2025)

RECAP
Jan. 22, 2025

Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK)

Jan. 22, 2025

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. 636c 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. (TMK)

5 Jan. 23, 2025

MOTION to Dismiss for Lack of Jurisdiction and Opposition to Motion for Temporary Restraining Order by Alejandro Mayorkas, Patrick Lechleitner, Thomas Brophy, Michael Ball. (Attachments: # 1 Memorandum in Support, # 2 Declaration Opposition to Motion for Temporary Restraining Order)(Moar, Daniel) (Entered: 01/23/2025)

RECAP
6 Jan. 23, 2025

Status conference held on 1/23/2025 re 3 motion for temporary restraining order. Court sets a briefing schedule. Respondents' response to the motion for TRO due by noon on 1/24/2025. Appearances by teleconference. For petitioner: Sarah Gillman, Sarah Decker, and Medha Raman. For respondents: Daniel Moar. (Court Reporter Bonnie Weber) (KLH) (Entered: 01/23/2025)

RECAP
9 Jan. 24, 2025

DECISION AND ORDER granting Respondents' 5 motion to dismiss; denying the relief requested in the Petition and Complaint; and dismissing the Petition and Complaint. The Clerk of Court shall close this case. Signed by Hon. John L. Sinatra, Jr. on 1/24/2025. (KLH)Clerk to Follow up

Clearinghouse
Jan. 27, 2025

Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (CGJ)

Jan. 27, 2025

Within 14 days of filing the Notice of Appeal, the appellant is required to electronically file with the District Court an index of filed documents it wishes the Court of Appeals to consider, called Designation of Record on Appeal. After receipt, the Clerks Office will certify and transmit the index to the Circuit. (CGJ)

12 Jan. 29, 2025

ORDER of USCA as to 11 Notice of Appeal filed by Raheem Delano Fulton. IT IS HEREBY ORDERED that the motion for a stay pending appeal is REFERRED to a three-judge panel. The Court grants a temporary stay of removal until the motion can be considered by a three-judge panel. (CGJ) (Entered: 01/29/2025)

RECAP
13 Feb. 6, 2025

DESIGNATION of Record on Appeal by Raheem Delano Fulton re 11 Notice of Appeal CLERK TO FOLLOW UP (Gillman, Sarah) (Entered: 02/06/2025)

RECAP
14 Feb. 6, 2025

CLERKS CERTIFICATE filed and electronically sent to Court of Appeals re 13 DESIGNATION of Record on Appeal (CGJ) (Entered: 02/06/2025)

RECAP

Case Details

State / Territory:

New York

Case Type(s):

Immigration and/or the Border

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Jan. 19, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Immigration detainee challenging ICE detention and imminent removal through habeas and injunctive relief.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Defendants

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Other Dockets:

Western District of New York 1:25-cv-00063

Special Case Type(s):

Habeas

Outcome

Prevailing Party: Defendant

Relief Sought:

Declaratory judgment

Habeas

Injunction

Issues

Immigration/Border:

Constitutional rights

Criminal prosecution

Deportation - criteria

Deportation - judicial review

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus

Medical/Mental Health Care:

Medical care, general

Recommended Citation