Fulton v. Noem: Date Argued: January 28th, 2026; Docket Number: 25-194

Case Summary:In Fulton v. Noem, Raheem Delano Fulton brought a habeas and related civil action in federal district court challenging the federal government’s plan to remove him from the United States without providing the medical discharge planning and post‑release medications he needs to survive, and he now pursues his appeal in the United States Court of Appeals for the Second Circuit, docket number 25‑194, argued on January 28, 2026.At the lower court, Fulton, an individual with a final order of removal, alleged that Department of Homeland Security and related officials were violating binding agency rules and constitutional protections by planning to deport him while cutting off necessary HIV and other life‑sustaining medications, and he sought a 30‑day supply of medication and medically appropriate discharge planning rather than a permanent bar on removal. The district court dismissed his habeas petition and associated claims for lack of jurisdiction under 8 U.S.C. § 1252(g), holding that his challenge “arose from” the execution of a removal order and therefore could not be heard in federal district court.Fulton appealed, arguing that his claims concern unlawful denial of medically necessary discharge planning and post‑release care, not the legality of the removal order itself, so § 1252(g) does not strip jurisdiction and, even if it did, the Suspension Clause and Article III require a forum for his life‑and‑death habeas challenge. While the appeal was pending, a Second Circuit panel granted a stay of removal to prevent the government from mooting his case by deporting him before the court could decide whether federal courts retain jurisdiction over such medical‑treatment‑related claims. The case is now before the Second Circuit (present court) on Fulton’s appeal from the jurisdictional dismissal, with oral argument held on January 28, 2026, to determine whether the district court erred in concluding that it lacked power to hear his habeas and related claims about medical discharge planning and access to critical medication prior to removal.