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)