Western District of New York • 1:26-cv-00756

#1

Apr 16, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5793955.), filed by Sharmella King Marks. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit I-360 Receipt Notice, # 3 Exhibit VAWA Affidavit, # 4 Exhibit In Absentia Order of Removal, # 5 Exhibit Motion to Reopen, # 6 Exhibit Motion to Reopen Order, # 7 Exhibit BIA Appeal Receipt, # 8 Exhibit Signed Affidavit of Sharmella King Marks, # 9 Exhibit Krishna Affidavit, # 10 Exhibit E-Mail Responses, # 11 Exhibit Stay Decision from BIA, # 12 Exhibit Medical Letter for Son of Petitioner)(Borowski, Matthew) (Entered: 04/16/2026)

#2

Apr 16, 2026

NOTICE of Appearance by Siana Jody McLean on behalf of Sharmella King Marks (McLean, Siana) (Entered: 04/16/2026)

#3

Apr 17, 2026

TEXT ORDER. A telephone conference is scheduled for Tuesday, April 21, 2026, at 12:30 p.m. This is a public telephonic proceeding. To access the conference, dial 1-585-524-1799 and enter Conference ID 341 799 237 sufficiently in advance of the start time.In addition, the Court temporarily enjoins Respondents from transferring Petitioner outside this District pending a resolution of the petition because the Court finds that Petitioner's presence in the District is necessary to support the Court's resolution of the issues in the petition, including because it will enable Petitioner to fully participate in these proceedings and maintain adequate access to legal counsel. See 28 U.S.C. § 2243 ("Unless the application for the writ and the return present only issues of law the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained. The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts."). This temporary order extends to the transfer of Petitioner outside the country so as to maintain the status quo and solely so that the Court can make an informed decision about its authority to issue relief and whether any relief that it has the power to issue should be granted.Further, the Clerk's Office is directed to serve a copy of the petition and 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. Signed by Hon. Elizabeth A. Wolford on 4/17/2026. (EKH)Clerk to Follow up (Entered: 04/17/2026)

#4

Apr 17, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of James Bausch, Todd Blanche, Scott A Cicirello, Todd Lyons, Markwayne Mullin, Philip Rhoney (Khalil, Adam) (Entered: 04/17/2026)

#5

Apr 17, 2026

Letter filed by James Bausch, Todd Blanche, Scott A Cicirello, Todd Lyons, Markwayne Mullin, Philip Rhoney re: Petitioner's imminent removal and request to lift stays. (Khalil, Adam) (Entered: 04/17/2026)

#6

Apr 17, 2026

TEXT ORDER re: 5 Letter Request to Lift Stay. On April 17, 2026, Petitioner filed a petition for habeas corpus challenging the constitutionality of her detention without a bond hearing. (Dkt. 1). The Court issued a Text Order setting a telephone conference with the parties on April 21, 2026, and temporarily enjoining Respondents from transferring Petitioner outside the Western District or the United States pending a resolution of the petition so as to maintain the status quo and solely so that the Court can make an informed decision about its authority to issue relief and whether any relief that it has the power to issue should be granted. (Dkt. 3). In response, Respondents filed a letter requesting the Court to lift the imposed stay because Petitioner is scheduled to be removed on April 21, 2026, and arguing that this Court lacks jurisdiction to stay the execution of a removal order pursuant to 8 U.S.C. § 1252(g).While the law is clear that a district court lacks jurisdiction to review a final order of removal, the Court's temporary injunction was issued to facilitate resolution of the pending habeas proceeding. Moreover, on occasions in the past, the Court has granted the relief sought by Respondents, only to be subsequently informed that no removal actually occurred. Therefore, to meaningfully consider Respondents' request, the Court requires more information as to the status of Petitioner's removal proceedings. On or before April 18, 2026, Respondents shall file with the Court documentation substantiating Petitioner's intended removal on April 21, 2026. In addition, on or before April 19, 2026, Petitioner shall file any legal authority that would support an argument that the stay should not be lifted. The telephone conference scheduled for Tuesday, April 21, 2026, at 12:30 p.m. is rescheduled for Monday, April 20, 2026, at 12:30 p.m. This is a public telephonic proceeding. To access the conference, dial 1-585-524-1799 and enter Conference ID 341 799 237 sufficiently in advance of the start time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/17/2026. (MGB) (Entered: 04/17/2026)

Apr 17, 2026

Case assigned to Hon. Elizabeth A. Wolford. Notification to chambers of online civil opening. (MMG)

Apr 17, 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. 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. (MMG)

Apr 17, 2026

CALENDAR EVENT: Set/Reset Hearings: Telephone Conference set for 4/21/2026 at 12:30 PM with Hon. Elizabeth A. Wolford. To access the conference, dial 1-585-524-1799 and enter Conference ID 341 799 237 sufficiently in advance of the start time. (See also Docket # 3). (DPS)

Apr 17, 2026

Remark: Clerk's Office emailed copy of 1 Petition and 3 Text Order to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov (TMK)

#7

Apr 18, 2026

DECLARATION signed by Nate Koson re 6 Terminate Hearings,,,,,,,,, Text Order,,,,,,,,, Set Hearings,,,,,,,, filed by James Bausch, Todd Blanche, Scott A Cicirello, Todd Lyons, Markwayne Mullin, Philip Rhoney re removal scheduled for April 21. (Khalil, Adam) (Entered: 04/18/2026)

#8

Apr 20, 2026

Letter filed by Sharmella King Marks . (Borowski, Matthew) (Entered: 04/20/2026)

#9

Apr 20, 2026

Letter filed by James Bausch, Todd Blanche, Scott A Cicirello, Todd Lyons, Markwayne Mullin, Philip Rhoney advising that Petitioner can no longer be transported in time to make her removal flight to Guyana tomorrow but still requesting lifting of stay. (Khalil, Adam) (Entered: 04/20/2026)

#10

Apr 20, 2026

MOTION to Seal Document (medical records -- 40 pages) by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Attachments: # 1 Declaration of Adam A. Khalil)(Khalil, Adam) (Entered: 04/20/2026)

#11

Apr 20, 2026

TEXT ORDER granting 10 Motion to Seal. Respondents submitted a motion seeking to file Petitioner's medical records under seal. (Dkt. 10). The Court has reviewed the medical records, which contain personally identifiable information, and finds that Respondents' request for sealing is narrowly tailored and supported by specific reasons identified in the motion. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 124 (2d Cir. 2006). The Court further finds that sealing is necessary to preserve inherent privacy interests, and that these interests outweigh the public interest in disclosure. Id. at 119-20. The Court will arrange to file the medical records under seal. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/20/2026. (JKS) (Entered: 04/20/2026)

#12

Apr 20, 2026

Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances via telephone: Matthew K. Borowski, Esq. and Siana Jody McLean, Esq. on behalf of petitioner; Adam A. Khalil, AUSA on behalf of all respondents except Scott A Cicirello, In his official capacity as Warden of the Allegany County Jail. Status Conference held on 4/20/2026. Court addresses current procedural status of petitioner's pending motion(s) and current Court's authority to grant requested relief. Petitioner to advise by close-of-business tomorrow, 4/21/26, as to whether they are seeking an evidentiary hearing as discussed on the record. Stay not being lifted - see also Docket # 5 Letter Request to Lift Stay. Respondent to provide copies of medical records to petitioner counsel and Court; motion to seal to also be filed in relation to same. (Court Reporter Karen Clark.) (DPS) (Entered: 04/20/2026)

#13

Apr 20, 2026

Sealed Document (Medical Records - see also Docket #'s 10 and 11). (DPS) (Entered: 04/20/2026)

#14

Apr 21, 2026

Letter filed by Sharmella King Marks . (Borowski, Matthew) (Entered: 04/21/2026)

#15

Apr 21, 2026

Letter filed by James Bausch, Todd Blanche, Scott A Cicirello, Todd Lyons, Markwayne Mullin, Philip Rhoney requesting opportunity to file motion for summary judgment prior to evidentiary hearing being held. (Khalil, Adam) (Entered: 04/21/2026)

#16

Apr 21, 2026

TEXT ORDER. An evidentiary hearing on the deliberate indifference claim in the petition is scheduled for Tuesday, April 28, 2026, at 9:30 a.m. at the United States Courthouse, 100 State Street, Rochester, NY 14614 before Hon. Elizabeth A. Wolford. On or before 12:00 p.m. on Friday, April 24, 2026, each party shall file their witness and exhibit lists for the hearing, and any pre-hearing briefing. Respondents are free to file a motion for summary judgment as requested (see Dkt. 15), but the evidentiary hearing will proceed as outlined herein. Furthermore, Respondents shall answer or otherwise respond to the petition on or before Friday, April 24, 2026. Title 28 U.S.C. § 2243 provides that "[u]nless the application for the writ and the return present only issues of law the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained." Respondents are accordingly directed to present Petitioner in person for the hearing. Counsel handling the hearing must appear in person as well. Each side must bring a courtesy copy of pre-marked exhibits to the hearing for the Court's use. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/21/2026. (JKS) (Entered: 04/21/2026)

#17

Apr 23, 2026

Second MOTION to Seal Document by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Attachments: # 1 Declaration of Adam Khalil)(Khalil, Adam) (Entered: 04/23/2026)

#18

Apr 23, 2026

Witness List by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 04/23/2026)

#19

Apr 23, 2026

Exhibit List by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney.. (Khalil, Adam) (Entered: 04/23/2026)

#20

Apr 23, 2026

TEXT ORDER granting 17 Second Motion to Seal. Respondents move to file Petitioner's medical records under seal. The Court has reviewed the medical records, which contain personally identifiable and confidential information, and finds that Respondents' request for sealing is narrowly tailored and supported by specific reasons identified in the motion. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 124 (2d Cir. 2006). The Court further finds that sealing is necessary to preserve inherent privacy interests, and that these interests outweigh the public interest in disclosure. Id. at 119-20. The Court will arrange to file the medical records under seal. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/23/2026. (MGB) (Entered: 04/23/2026)

#21

Apr 23, 2026

Sealed Document (Medical Records (updated and additional) - see also Docket #'s 17 and 20). (DPS) (Entered: 04/23/2026)

#22

Apr 24, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, Answer & Return by James Bausch, Todd Blanche, Scott A Cicirello, Todd Lyons, Markwayne Mullin, Philip Rhoney.(Khalil, Adam) (Entered: 04/24/2026)

#23

Apr 24, 2026

Letter filed by Sharmella King Marks requesting video appearance for expert witness. (Borowski, Matthew) (Entered: 04/24/2026)

#24

Apr 24, 2026

Witness List by Sharmella King Marks. (Borowski, Matthew) (Entered: 04/24/2026)

#25

Apr 24, 2026

Exhibit List by Sharmella King Marks.. (Borowski, Matthew) (Entered: 04/24/2026)

#26

Apr 24, 2026

CONTINUATION OF EXHIBITS to 25 Exhibit List . (Attachments: # 1 Exhibit A - E-mails between Siana McLean and ICE, # 2 Exhibit B - Letter of Krishna Sewdat, # 3 Exhibit C - Signed Declaration of Sharmella King Marks, # 4 Exhibit D - Curriculum Vitae of Dr. Yousuf Sayyed)(Borowski, Matthew) (Entered: 04/24/2026)

#27

Apr 24, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney re objection to testimony of Dr. Sayyed on grounds of relevance. (Khalil, Adam) (Entered: 04/24/2026)

#28

Apr 24, 2026

Letter filed by Sharmella King Marks responding to Respondents' objection to medical expert. (Borowski, Matthew) (Entered: 04/24/2026)

#29

Apr 24, 2026

TEXT ORDER granting 23 Letter Request for Leave to Appear by Remote Means. For good cause shown and there being no objection from Respondents, Dr. Yousuf Sayyed, M.D., will be permitted to appear remotely at the evidentiary hearing on April 28, 2026. The Court will provide instructions to appear remotely in advance of the argument. The Court reserves decision as to Respondents' arguments regarding the relevance of Dr. Sayyed's testimony. (Dkt. 27). SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/24/2026. (MGB) (Entered: 04/24/2026)

#30

Apr 28, 2026

Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Matthew K. Borowski, Esq. with petitioner; Adam A. Khalil, AUSA on behalf of all respondents except Scott A Cicirello, In his official capacity as Warden of the Allegany County Jail. Evidentiary Hearing held on 4/28/2026. Petitioner, Sharmella King Marks, and Dr. Y. Sayyed (via video only) testify; government exhibits # 1 and # 2 and defense exhibits A - D admitted. Court reserves decision. Parties to provide case law re detention issue as discussed on the record. (Court Reporter Judy Ging.) (DPS) (Entered: 04/29/2026)

#31

Apr 29, 2026

Letter filed by Sharmella King Marks regarding joint request for one-day extension and Petitioner's request to permit briefing on additional issue. (Borowski, Matthew) (Entered: 04/29/2026)

#32

Apr 29, 2026

TEXT ORDER granting 31 Letter Request for Extension of Time. The parties jointly request a one-day extension of time to provide the Court with additional briefing and/or citations as directed at the evidentiary hearing on April 28, 2026. The request is granted. The parties' supplemental submissions are due on or before April 30, 2026. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 4/29/2026. (MGB) (Entered: 04/29/2026)

#33

Apr 30, 2026

Letter filed by Sharmella King Marks letter brief. (Borowski, Matthew) (Entered: 04/30/2026)

#34

May 06, 2026

DECISION AND ORDER granting 1 Petition and ordering Petitioner's release from custody. The temporary stay (Dkt. 3) shall remain in place until May 18, 2026. Signed by Hon. Elizabeth A. Wolford on 05/06/2026. (MGB)Clerk to Follow up

#35

May 19, 2026

JUDGMENT in favor of Sharmella King Marks against James Bausch, Markwayne Mullin, Philip Rhoney, Scott A Cicirello, Todd Blanche, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court on 5/19/2026. (TME) (Entered: 05/19/2026)