The Second Circuit has granted bail pending appeal to Raheem Fulton, a Jamaican national subject to a final removal order who has End Stage Renal Disease and has been detained by ICE for over two years while litigating what medical arrangements the government must make before removing him to Jamaica for dialysis treatment.
Applying the standard from Mapp v. Reno, the Court held that Fulton raised a substantial claim regarding medical-discharge planning and that extraordinary circumstances, including a prior near-fatal missed dialysis appointment in custody and the risks of prolonged detention, made bail necessary to make habeas relief effective. A dissenting judge argued that Fulton himself was responsible for the length of his detention by litigating the manner of his removal rather than accepting it, that he receives adequate dialysis in custody, and that his petition sought relief resembling an injunction rather than the release habeas is meant to secure.
The full text of Fulton v. Mullin can be found here: https://ww3.ca2.uscourts.gov/decisions/OPN/25-194_complete_opn.pdf