DECISION AND ORDER Petitioner Raheem Delano Fulton, a native and citizen of Jamaica, commenced this proceeding under 28 U.S.C. §2241 on January 19, 2025. Dkt. 1. He seeks an order from this Court requiring Respondents to “cease all active efforts to remove [him]” from the United States unless the government can demonstrate that certain post-removal medical appointments have been scheduled for him. See id. 4. Fulton also moved for a temporary restraining order, Dkt. 3, seeking an order that Respondents “cease any ongoing actions and refrain from taking any additional actions toward effectuating [his] removal” until “the Court has adjudicated his petition and complaint.” Dkt. 3-1 at 2.1 For the following reasons, this Court does not have jurisdiction over Fulton’s claims. As such, the Petition and Complaint are DISMISSED. BACKGROUND I. FACTUAL BACKGROUND Fulton is a 39-year-old native and citizen of Jamaica who has been living in the United States since July 2003. Dkt. 1
1, 14. He is currently detained at the Buffalo Federal Detention Facility (“BFDF”). Id. 1. A. Arrest, Detention and Removal Proceedings Fulton was arrested on February 6, 2021 for attempted burglary. Id. 17. On September 29, 2022, he was convicted of attempted burglary in the second degree under New York law and, on October 14, 2022, he was sentenced to three years in prison. Id. He ultimately served 30 months at Elmira Correctional Facility. Id. On May 23, 2023, the United States Department of Homeland Security (“DHS”) served Fulton with a Notice to Appear (“NTA”) charging him as “removable” based on his criminal conviction. Id. 18. On August 25, 2023 — at the conclusion of Fulton’s sentence related to his criminal conviction — United States Immigration and Customs Enforcement (“ICE”) detained Fulton at BFDF, where he has remained since. Id. 19. Fulton “applied for relief from removal,” but his application “was denied by the Immigration Judge.” Id. 20. And “the Board of Immigration Appeals (“BIA”) affirmed the Immigration Judge’s decision on May 2, 2024.” Id. Fulton, therefore, has been subject to a final order of removal since May 2, 2024. Id. He is scheduled for deportation to Jamaica on January 30, 2025. Id. 31. B. Health Conditions Fulton suffers from End Stage Renal Disease (“ESRD”), a permanent medical condition where the kidneys can no longer function on their own. Id. 21. He requires dialysis three times per week to survive. Id. Without “regular dialysis treatment, he will experience electrolyte imbalances that may lead to shortness of breath due to fluid accumulation in the lungs, fatal arrhythmias, or heart blocks.” Id. Fulton also “suffers from many complications related to his kidney disease.” Id. Currently, he “receives dialysis three times a week on Tuesdays, Thursdays, and Saturdays for four hours each session.” Id. 22. He also “receives regular doxercalciferol injections during his sessions to strengthen his bone health and takes Cinacalcet and calcium acetate medication regularly with his meals.” Id. According to Fulton, there is “no plan for continued medical care in Jamaica.” Id. 31. In particular, he claims that ICE “has no dialysis scheduled for [him] in Jamaica on Saturday, February 1, 2025.” Id. 32. Fulton submitted a letter from Dr. Sahar Amin recommending that Fulton “continues his treatment at ECMC strictly as [his physicians] have optimized his care very diligently.” Dkt. 1-1 at 1. Dr. Armin opines that Fulton “stands a great risk of rapid deterioration if he does not get this treatment.” Id. Fulton believes, moreover, that the “Jamaican medical system is inadequate to meet [his] needs….” Dkt. 1 26 (internal citation omitted). He therefore faces “a severe threat to his health” if he were to be removed to Jamaica. Id. 25. II. PROCEDURAL HISTORY AND THE PARTIES’ ARGUMENTS Fulton filed his Petition and Complaint on January 19, 2025. Dkt. 1. He asserts the following claims: 1. An Administrative Procedure Act (“APA”) claim based on ongoing detention without adequate medical care, which constitutes arbitrary agency action and violates the Accardi doctrine because Respondents must “apply and uphold the rules and regulations contained in the [Performance-Based National Detention Standards ("PBNDS")]…[and are] restricted from taking any actions that are arbitrary, capricious, an abuse of discretion, or not in accordance with law,” and their “failure to abide by the PBNDS — particularly the standards indicating they must provide adequate medical clearance and medical planning in advance of removal — constitutes impermissible agency action…[and] constitute arbitrary and capricious actions” because they place him “at heightened risk of death” (id.
