Active
Case Information
Filed: June 25, 2026
Assigned to:
Annemarie Carney Axon
Referred to:
Nicholas a. Danella
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
July 24, 2026
Parties:
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Docket Entries
#1
Jun 25, 2026
Emergency PETITION for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief, filed by Victor M Hernandez Lara. (Attachments: # 1 Civil Cover Sheet)(KCW) (Entered: 06/26/2026)
Main Document:
Emergency PETITION
#2
Jun 25, 2026
Petitioner's Emergency MOTION for Ex Parte Temporary Restraining Order and Injunctive Relief Enjoining Extra-Jurisdictional Transfer by Victor M Hernandez Lara. (KCW) (Entered: 06/26/2026)
Main Document:
Petitioner's
#3
Jun 26, 2026
NOTICE OF DEFICIENT PLEADING: On June 26, 2026, Petitioner Victor M. Hernandez Lara filed a counseled petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1 ). The petition is deficient because Mr. Lara failed to file an application to proceed in forma pauperis or pay the filing fee of $5.00. Mr. Lara must either file an application to proceed in forma pauperis or pay the filing fee of $5.00 to the Clerk of Court. Mr. Lara must correct the deficiency on or before July 3, 2026. If Mr. Lara does not correct the deficient pleading by this deadline, the court may dismiss this action for failure to prosecute. See Fed. R. Civ. P. 41(b). Signed by Judge Annemarie Carney Axon on 6/26/2026. (KCW) (Additional attachment(s) added on 6/26/2026: # 1 Application to Proceed In Forma Pauperis) (KCW, ). (Entered: 06/26/2026)
Main Document:
NOTICE
#4
Jun 26, 2026
ORDER TO SHOW CAUSE: On June 26, 2026, Petitioner Victor M. Hernandez Lara filed a counseled petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1 ). The court ORDERS Respondents Barry Smith, Mellissa B. Harper, Todd Lyons, Markwayne Mullin, and Todd Blanche to appear and show cause in writing, on or before June 29, 2026, why the court should not grant the petition. See 28 U.S.C. § 2243. Signed by Judge Annemarie Carney Axon on 6/26/2026. (KCW) (Entered: 06/26/2026)
Main Document:
ORDER
#5
Jun 26, 2026
ORDER: Petitioner Victor Hernandez Lara moves for a temporary restraining order blocking his transfer from the Northern District of Alabama, enjoining the government from issuing a notice to appear, and facilitating "immediate, confidential attorney-client communication." (Doc. 2 ). Because the motion does not comply with Federal Rule of Civil Procedure 65, the court DENIES his motion WITHOUT PREJUDICE. Mr. Lara's motion also requests a preliminary injunction. (Doc. 2 at 1). But a court may issue a preliminary injunction "only on notice to the adverse party." Fed. R. Civ. P. 65(a)(1). There is no evidence the respondents have notice of this action. Accordingly, the court DENIES the motion for a preliminary injunction. Signed by Judge Annemarie Carney Axon on 6/26/2026. (KCW) (Entered: 06/26/2026)
Main Document:
ORDER:
#6
Jun 26, 2026
NOTICE by Todd Blanche, Mellissa B Harper, Todd Lyons, Markwayne Mullin (Marshall, Mary) (Entered: 06/26/2026)
Main Document:
NOTICE
#7
Jun 26, 2026
NOTICE of Appearance by Chad Cowan on behalf of Todd Blanche, Mellissa B Harper, Todd Lyons, Markwayne Mullin (Cowan, Chad) (Entered: 06/26/2026)
Main Document:
NOTICE
#8
Jun 26, 2026
NOTICE of Appearance by Mary Lester Marshall on behalf of Todd Blanche, Mellissa B Harper, Todd Lyons, Markwayne Mullin (Marshall, Mary) (Entered: 06/26/2026)
Main Document:
NOTICE
#9
Jun 26, 2026
NOTICE by Todd Blanche, Mellissa B Harper, Todd Lyons, Markwayne Mullin (Attachments: # 1 Exhibit Form I-210, # 2 Exhibit Form I-210A, # 3 Exhibit Form I-826)(Marshall, Mary) (Entered: 06/26/2026)
Main Document:
NOTICE
#10
Jun 29, 2026
NOTICE by Todd Blanche, Mellissa B Harper, Todd Lyons, Markwayne Mullin (Marshall, Mary) (Entered: 06/29/2026)
Main Document:
NOTICE
#11
Jun 29, 2026
Second MOTION for Temporary Restraining Order by Victor M Hernandez Lara. (Ratliff, Robert) (Entered: 06/29/2026)
Main Document:
Second
#12
Jun 29, 2026
ORDER: For the reasons within, the court GRANTS IN PART and RESERVES RULING IN PART Petitioner Victor Lara's motion for a temporary restraining order. (Doc. 11). Signed by Judge Annemarie Carney Axon on 06/29/2026.(CRM) (Entered: 06/29/2026)
Main Document:
ORDER:
#13
Jun 30, 2026
TEXT ORDER: The court GRANTS IN PART the respondents' request for an extension of time. (Doc. 10 at 2). Accordingly, the respondents must file their response on or before July 2, 2026 at 12:00 p.m. Signed by Judge Annemarie Carney Axon on 6/30/2026. (KCW) (Entered: 06/30/2026)
#14
Jun 30, 2026
ORDER: Petitioner Victor Hernandez Lara filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and a renewed motion for a temporary restraining order. (Docs. 1, 11 ) Mr. Lara is currently detained at the Etowah County Detention Center. (Doc. 11 at 3; doc. 10 at 2). The court granted in part the motion as to Mr. Lara's request to prevent the respondents from moving Mr. Lara from the Northern District of Alabama. (Doc. 12 ). For the reasons below, the court DENIES the remainder of Mr. Lara's motion. (Doc. 11 ). Signed by Judge Annemarie Carney Axon on 6/30/2026. (KCW) (Entered: 06/30/2026)
Main Document:
ORDER:
#15
Jul 02, 2026
RESPONSE TO ORDER TO SHOW CAUSE by Todd Blanche, Mellissa B Harper, Todd Lyons, Markwayne Mullin. filed by Todd Blanche, Mellissa B Harper, Todd Lyons, Markwayne Mullin (Attachments: # 1 Exhibit NTA, # 2 Exhibit Form I-213)(Marshall, Mary) (Entered: 07/02/2026)
Main Document:
RESPONSE
#16
Jul 02, 2026
TEXT ORDER: The court ORDERS Petitioner Victor Hernandez Lara to respond to the respondents' argument that the court should dissolve its order preventing his transfer because Mr. Lara would not experience any irreparable harm if transferred. (Doc. 15 at 24). Mr. Lara must file his response on or before July 7, 2026. Signed by Judge Annemarie Carney Axon on 7/2/2026. (KCW) (Entered: 07/02/2026)
#17
Jul 02, 2026
MEMORANDUM OPINION: For the reasons stated within, the court WILL GRANT IN PART Mr. Lara's petition and RESERVES RULING IN PART. The court GRANTS his petition with respect to Count One and Count Two and ORDERS the respondents to (1) provide Mr. Lara a bond hearing on or before July 9, 2026 or (2) release him from custody. The respondents must provide Mr. Ratliff at least forty-eight hours' notice of the hearing. The respondents must file a cert ificate of compliance with the court's order on or before July 10, 2026. The court RESERVES RULING on the remaining claims in Mr. Lara's petition. Because the respondents' response to the court's order to show cause addressed only Mr. Lara's § 1226 claims and his request for bond, the court ORDERS the respondents to file an amended response addressing the remaining claims and requested relief in Mr. Lara's petition. The respondents must file their response on or before July 10, 2026. Signed by Judge Annemarie Carney Axon on 7/2/2026. (KCW)
Main Document:
MEMORANDUM OPINION: For the reasons stated within, the court WILL GRANT IN PART Mr. Lara's petition and RESERVES RULING IN PART. The court GRANTS his petition with respect to Count One and Count Two and ORDERS the respondents to (1) provide Mr. Lara a bond hearing on or before July 9, 2026 or (2) release him from custody. The respondents must provide Mr. Ratliff at least forty-eight hours' notice of the hearing. The respondents must file a cert ificate of compliance with the court's order on o
#18
Jul 02, 2026
PARTIAL JUDGMENT: The court GRANTS IN PART Petitioner Victor Hernandez Lara's petition for habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1 ). The court ENTERS PARTIAL JUDGMENT in his favor on Counts One and Two. The court RESERVES RULING on the remaining claims. Signed by Judge Annemarie Carney Axon on 7/2/2026. (KCW) (Entered: 07/02/2026)
Main Document:
PARTIAL
Jul 06, 2026
Habeas Filing fee paid: $ 5.00, ALND receipt number B-25181 (KCW)
#19
Jul 07, 2026
RESPONSE to re 16 filed by Victor M Hernandez Lara. (Ratliff, Robert) (Entered: 07/07/2026)
Main Document:
RESPONSE
#20
Jul 10, 2026
RESPONSE TO ORDER TO SHOW CAUSE by Todd Blanche, Mellissa B Harper, Todd Lyons, Markwayne Mullin. filed by Todd Blanche, Mellissa B Harper, Todd Lyons, Markwayne Mullin (Marshall, Mary) (Entered: 07/10/2026)
Main Document:
RESPONSE
#21
Jul 14, 2026
TEXT ORDER: The respondents previously informed the court that Petitioner Victor Hernandez Lara was scheduled to have a bond hearing on July 13, 2026. (Doc. 20 at 2). The court ORDERS the respondents to inform the court whether the bond hearing occurred. The respondents must file their supplemental notice on or before July 14, 2026 (today) at 5:00 pm. Signed by Judge Annemarie Carney Axon on 7/14/2026. (KCW) (Entered: 07/14/2026)
#22
Jul 14, 2026
NOTICE by Todd Blanche, Mellissa B Harper, Todd Lyons, Markwayne Mullin re 21 Order, (Attachments: # 1 Exhibit IJ Order, # 2 Exhibit IJ Order)(Cowan, Chad) (Entered: 07/14/2026)
Main Document:
NOTICE
#23
Jul 17, 2026
TEXT ORDER: The respondents informed the court that Petitioner Victor Hernandez Lara received a bond hearing and that an immigration judge granted him bond. (Doc. 22 -2). Accordingly, the court ORDERS Mr. Hernandez Lara TO SHOW CAUSE why the court should not dismiss his petition as moot. Mr. Hernandez Lara must respond on or before July 23, 2026. Signed by Judge Annemarie Carney Axon on 7/17/2026. (KCW) (Entered: 07/17/2026)
#24
Jul 22, 2026
RESPONSE to Court's Order filed by Victor M Hernandez Lara. (Ratliff, Robert) (Entered: 07/22/2026)
Main Document:
RESPONSE
#25
Jul 24, 2026
ORDER TO SHOW CAUSE: For the reasons within, the court ORDERS the respondents TO SHOW CAUSE why the court should not sanction them for failing to comply with the order. The respondents must file their response on or before July 27, 2026 at 12:00 p.m. Signed by Judge Annemarie Carney Axon on 7/24/2026. (KCW) (Entered: 07/24/2026)
Main Document:
ORDER
Parties
Hernandez Lara
Party
Smith
Party