Southern District of New York • 1:26-cv-08227

#1

Sep 21, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Oumou Balde..(kgo) (Entered: 09/22/2026)

#2

Sep 22, 2026

ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Accordingly, within 30 days of the date of this order, Petitioner or Bah must pay the $5.00 filing fee or submit a completed and signed IFP application, the form for which is attached to this Order. If an IFP application is filed, it should be labeled with docket number 26-CV-8227 (JMF). If the Court grants the IFP application, this action will proceed without the prepayment of fees. See 28 U.S.C. § 1915(a)(1). If Petitioner or nex t friend fails to comply with this Order within the time allowed, and does not request additional time to respond, the Court will dismiss this action without further notice. The Court directs the Clerk of Court to mail a copy of this order to Peti tioner at the address listed on the docket sheet for this action and transmit a copy of this order to her next friend by email to bahm610@gmail.com. Bah may receive court documents by email by completing the form, Consent to Electronic Service. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/22/2026) Filing Fee due by 10/22/2026. In Forma Pauperis (IFP) Application due by 10/22/2026. (ar)

#3

Sep 22, 2026

STAY OF REMOVAL AND NOTICE OF CONFERENCE (IMMIGRATION CASES): Petitioner has, through next friend Mariama Bah, filed a Petition for the writ of habeas corpus under 28 U.S.C. § 2241. The Court, having examined the Petition, hereby ORDERS that: (1 ) Within two business days of the date of this Order, Respondents shall file a letter with the following information: a. whether Petitioner was, as the Petition alleges, see ECF No. 1, PP 1, 15, located in the Southern District of New York at the tim e that the Petition was filed and, if not, what District Petitioner was in at the time of filing and whether the Petition should be immediately transferred to that District, see, e.g., ztürk v. Hyde, 136 F.4th 382, 391-92 (2d Cir. 2025); Khalil v. Joyce, 771 F. Supp. 3d 268 (S.D.N.Y. 2025); As further set forth in this Order, The parties shall then appear for an in-person conference with the Court on October 8, 2026 at 3:00 p.m. in Courtroom 24B of the Daniel Patrick Moynihan Courthouse, 5 00 Pearl Street, New York, NY. Respondents shall produce Petitioner at the conference. As further set forth herein The Court directs the Clerk of Court to mail a copy of this order to Petitioner at the address listed on the docket sheet for this ac tion and transmit a copy of this order to her next friend by email to bahm610@gmail.com. Bah may receive court documents by email by completing the form, which is attached to this Order Consent to Electronic Service. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/22/2026) (Status Conference set for 10/8/2026 at 03:00 PM in Courtroom 24B, 500 Pearl Street, New York, NY 10007 before Judge Jesse M. Furman.) (ar)

Sep 22, 2026

CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see Rule 9.2 of the courts ECF Rules & Instructions for further information..(kgo)

Sep 22, 2026

Case Designated ECF. (kgo)

Sep 22, 2026

Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c), Fed. R. Civ. P. 73(b)(1), and Local Civil Rule 73.1, parties are notified that they may, with the approval of the assigned District Judge, consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (kgo)

Sep 22, 2026

Note Regarding Service on Self-Represented Party

#4

Sep 23, 2026

NOTICE OF APPEARANCE by Janet Lynne Guyon on behalf of Todd Blanche, Kenneth Genalo, Markwayne Mullin, David Venturella..(Guyon, Janet) (Entered: 09/23/2026)

#5

Sep 23, 2026

FIRST LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Janet Guyon dated 9/23/2026. Document filed by Todd Blanche, Kenneth Genalo, Markwayne Mullin, David Venturella..(Guyon, Janet) (Entered: 09/23/2026)

#6

Sep 23, 2026

LETTER addressed to Judge Jesse M. Furman from Janet Guyon dated 9/23/2026 re: Response to Questions. Document filed by Todd Blanche, Kenneth Genalo, Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit 1. Removal Order).(Guyon, Janet) (Entered: 09/23/2026)

Sep 23, 2026

Mailing Receipt

Sep 23, 2026

MAILING RECEIPT: Document No: 2, 3. Mailed to: Oumou Balde 26 Federal Plaza New York, NY 10278.

#7

Sep 24, 2026

MEMO ENDORSEMENT on 5 Letter Motion for Extension of Time: Application GRANTED. Petitioner shall file any reply by October 6, 2026. The Clerk of Court is directed to terminate ECF No. 5 and to mail a copy of this order to Petitioner at the address listed on the docket sheet for this action and transmit a copy of this order to her next friend by email to bahm610@gmail.com. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/24/2026) (ab) (Entered: 09/24/2026)

#8

Sep 24, 2026

NOTICE OF APPEARANCE by Jonah Eaton on behalf of Oumou Balde..(Eaton, Jonah) (Entered: 09/24/2026)

#9

Sep 25, 2026

ORDER: In light of the fact that Petitioner is now represented by counsel, see ECF No. 8, the briefing schedule set forth in the Court's Orders of September 22 and 24, 2026, see ECF Nos. 3 and 7, is vacated, and the conference previously schedu led for October 8, 2026, is CANCELED. Instead, counsel for all parties shall appear for a conference with the Court on September 29, 2026, at 4:15 p.m. The conference will be held remotely by telephone in accordance with Rule 3(B) of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (855) 244-8681 and using access code 2303 019 3 884, followed by the pound (#) key. When prompted for an attendee ID number, press the pound (#) key again and further set forth in this Order. ( Telephone Conference set for 9/29/2026 at 04:15 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 9/25/2026) (rro)

#10

Sep 28, 2026

NOTICE OF APPEARANCE by John H. Peng on behalf of Oumou Balde..(Peng, John) (Entered: 09/28/2026)

#11

Sep 28, 2026

MOTION Release Pending Adjudication of Petition Pursuant to Mapp v. Reno. Document filed by Oumou Balde. (Attachments: # 1 Proposed Order to Grant Motion to Release).(Eaton, Jonah) (Entered: 09/28/2026)

#12

Sep 28, 2026

MEMORANDUM OF LAW in Support re: 11 MOTION Release Pending Adjudication of Petition Pursuant to Mapp v. Reno. . Document filed by Oumou Balde..(Eaton, Jonah) (Entered: 09/28/2026)

#13

Sep 28, 2026

ORDER: First, the Court clarifies that the deadline for the parties' joint letter is TODAY at 5 p.m., not September 25, 2026; the Court apologizes for any confusion. Second, Respondents may preview their response to Petitioner's 11 Motion for Release Pending Adjudication of Petition Pursuant to Mapp v. Reno in the joint letter and should be prepared to discuss a briefing schedule for the motion, if not the motion itself, in the conference tomorrow. Unless and until the Court orders otherwise, Respondents shall file any opposition to the motion no later than Friday, October 2, 2026, and no reply may be filed without prior leave of Court. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 09/28/2026)

#14

Sep 28, 2026

LETTER addressed to Judge Jesse M. Furman from Janet Guyon dated 9/28/2026 re: Joint letter on briefing schedule. Document filed by Todd Blanche, Kenneth Genalo, David Venturella..(Guyon, Janet) (Entered: 09/28/2026)

Sep 28, 2026

Order on Motion for Miscellaneous Relief

#15

Sep 29, 2026

MEMO ENDORSEMENT on 14 Letter re Joint letter on briefing schedule: The parties' proposed briefing schedule is hereby ADOPTED. In light of that, and because the Court has no "further questions" at this time, the conference scheduled for this afternoon is CANCELED as unnecessary. Petitioner shall file a letter regarding the limitations on remote access no later than October 6, 2026. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/29/2026) (ab) (Entered: 09/29/2026)

#16

Sep 30, 2026

Seal

#17

Sep 30, 2026

Declaration in Support of Motion

#18

Oct 01, 2026

ORDER granting 16 Letter Motion to Seal. The motion to supplement is GRANTED. The motion to seal is granted temporarily. The Court will assess whether to keep the materials at issue sealed or redacted when deciding the underlying motion. The Clerk of Court is directed to terminate ECF No. 16. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/1/2026) (ar)

#19

Oct 01, 2026

Seal

#20

Oct 01, 2026

ORDER temporarily granting 19 Letter Motion to Seal.The motion to seal is granted temporarily. The Court will assess whether to keep the materials at issue sealed or redacted when deciding the underlying motion. The Clerk of Court is directed to terminate ECF No. 19. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/1/2026) (ar)

#21

Oct 02, 2026

Declaration in Opposition to Motion

#22

Oct 02, 2026

Memorandum of Law in Opposition to Motion

#23

Oct 02, 2026

Declaration in Opposition to Motion

#24

Oct 02, 2026

Declaration in Opposition to Motion

#25

Oct 05, 2026

Memorandum of Law in Opposition (non-motion)

#26

Oct 05, 2026

Response (non-motion)

#27

Oct 05, 2026

Declaration (non-motion)

#28

Oct 05, 2026

Declaration in Opposition (non-motion)

#29

Oct 06, 2026

MEMORANDUM OPINION AND ORDER re: 19 LETTER MOTION to Seal medical records addressed to Judge Jesse M. Furman from Janet Guyon dated October 1 2026. filed by Markwayne Mullin, Kenneth Genalo, David Venturella, Todd Blanche, 11 MOTION Release Pending Adjudication of Petition Pursuant to Mapp v. Reno. filed by Oumou Balde.Balde's motion for release on bail must be and is DENIED. Balde's motion to seal her medical and medication records is GRANTED. See ECF No. 19. Balde is reminded that any reply in support of her petition is due by October 7, 2026. The Clerk of Court is directed to terminate ECF Nos. 11 and 19. (Signed by Judge Jesse M. Furman on 10/6/2026) (kgo)

Oct 06, 2026

Civil Case Opening Fee Payment

#30

Oct 07, 2026

File Excess Pages

#31

Oct 07, 2026

Reply (non-motion)

#32

Oct 08, 2026

Order on Motion for Leave to File Excess Pages

#33

Oct 08, 2026

Letter

#34

Oct 09, 2026

MEMORANDUM OPINION AND ORDER: In short, Petitioner has "demonstrated that her detention is unlawful, because 8 U.S.C. § 1231(a)(6), the statutory provision the government cites for its authority to detain her, cannot justify holding her in custody." Touray, 2026 WL 3026067, at *5 (citation omitted). Accordingly, to the extent that Petitioner seeks immediate release, her Petition for the writ of habeas corpus must be and is GRANTED. The Court reserves judgment on Petitioner's requests for relief beyond immediate release. See ECF No. 1, at 25 (requesting, inter alia, that the Court order Respondents to provide Balde with notice and an opportunity to be heard prior to removing her to any third country). Respondents shall re lease Petitioner in this District - and file certification thereof - by TODAY, October 9, 2026, at 10:00 PM. The Court's September 22, 2026 Order barring Petitioner's removal from the United States absent further order of the Court, see ECF No. 3, at 2, remains in effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/9/2026) (mml)

#35

Oct 09, 2026

Letter

#36

Oct 14, 2026

ORDER re: 31 Reply filed by Oumou Balde, 34 Memorandum & Opinion, 35 Letter filed by David Venturella, Todd Blanche, Markwayne Mullin, Kenneth Genalo. In accordance with the Court's October 9, 2026 Memorandum Opinion and Order, see ECF No. 34, Defendants certify that Petitioner has been released from custody, see ECF No. 35. Upon reflection, the Court concludes that there is some ambiguity with respect to whether and to what extent Petitioner requests any further relie f. See, e.g., ECF No. 31, at 24 ("[The government's] entire framing of Ms. Balde's petition - that Ms. Balde 'asks this Court to enjoin her removal to a third country and allow her to challenge her removal to Ghana' - is in correct.... This Court need not 'enjoin [Ms. Balde's] removal to a third country'; it need only grant her release until such time Respondents are prepared to give her sufficient process." (latter alteration in original) (emphasi s added)); id. at 25 ("Ms. Balde respectfully requests this Court grant her petition and order Respondents to release her."). Accordingly, the parties are hereby directed to confer and file a joint letter no later than October 21, 2026, ad dressing (1) whether Petitioner seeks further relief and, if so, what form(s) of relief; (2) what next steps, if any, the Court should take with respect to the Petition -including whether, if there remain issues to be decided, the Court should resol ve those issues on the basis of the parties' existing briefing or on the basis of additional briefing; and (3) whether the Court should hold a conference. Further, in the joint letter, Respondents should disclose the current status and expected timing of Petitioner's removal and specify the process, if any, to which she is entitled to challenge her removal to a third country. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/14/2026) (ar)

#37

Oct 21, 2026

Letter

#38

Oct 22, 2026

ORDER re: 36 Order, 37 Letter, filed by David Venturella, Oumou Balde, Todd Blanche, Kenneth Genalo, Markwayne Mullin. Pursuant to the Court's October 14, 2026 Order, ECF No. 36, the parties submitted a joint letter providing the ir respective positions on Petitioner's request for further relief, ECF No. 37. Petitioner "seeks an injunction and/or declaration from this Court forbidding Respondents from re-detaining her for the purposes of a third-country removal unti l and unless Respondents have provided her the process she is due." Id. at 1. Respondents characterize Petitioner's request as "seek[ing] additional relief with respect to the execution of her removal order" - a matter over which, Respondents contend, "this Court lacks jurisdiction." Id. at 2. Whether or not Respondents' jurisdictional argument is correct appears to be a matter on which courts in this Circuit appear to be divided. But the Court is inclined to believe that it may lack jurisdiction for a different reason: Because it is not clear that Respondents seek to remove Petitioner without giving her the process she claims to be due prior to removal. See, e.g., Marchi v. Bd. Of Coop. Educ. Servs. Of A lbany, 173 F.3d 469, 478 (2d Cir. 1999) (observing that Article III's ripeness "requirement is intended 'to prevent the courts, through avoidance of premature adjudication, from entangling themselves in abstract disagreements.'&qu ot; (quoting Abbott Lab'ys v. Gardner, 387 U.S. 136, 148 (1967))). That is, absent information about what opportunities, if any, Petitioner will be provided to challenge her removal to a third country, there is a risk that any opinion as to whet her those procedures comport with due process - not to mention whether the Court has jurisdiction to even consider that question - would be impermissibly advisory. In part to address this concern, the Court's October 14, 2026 Order directed Res pondents to disclose in the parties' joint letter "the current status and expected timing of Petitioner's removal and specify the process, if any, to which she is entitled to challenge her removal to a third country." ECF No. 36. Respondents failed to do so. In light of that, and to discuss the next steps in this case, counsel for all parties shall appear for a conference with the Court on October 27, 2026, at 11:00 a.m., in Courtroom 24B of the Daniel Patrick Moynihan Courth ouse, 500 Pearl Street, New York, NY. The parties should be prepared to address (1) "the current status and expected timing of Petitioner's removal" and "the process, if any, to which she is entitled to challenge her removal to a third country" id., and (2) whether, in light of that information, Petitioner's remaining challenges are ripe for this Court's review. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/22/2026) (Status Conference set for 10/27/2026 at 11:00 AM in Courtroom 24B, 500 Pearl Street, New York, NY 10007 before Judge Jesse M. Furman.) (ar)

#39

Oct 26, 2026

Conference

#40

Oct 26, 2026

Order on Motion for Conference

Oct 27, 2026

Order

Oct 27, 2026

Status Conference

#42

Oct 28, 2026

Order to Show Cause

#43

Nov 02, 2026

Response to Order to Show Cause

#44

Nov 02, 2026

Response to Order to Show Cause

Nov 03, 2026

Order

#46

Nov 06, 2026

Response to Order to Show Cause

#47

Nov 06, 2026

Order