Northern District of Alabama • 1:26-cv-01361

#1

Aug 03, 2026

ORDER: The Petitioners seek to reopen this case based on issues that have arisen after the court granted their petition. (Doc. 15). Accordingly, the court DIRECTS the Clerk to reopen this case for the purpose of adjudicating Petitioners' motion to reopen and file a supplemental petition. The court SEVERS the Petitioners' claims. Petitioner Elder Estuardo Pelico may proceed under the existing case number. The court DIRECTS the Clerk to open new cases for the claims of each of the other Petitioners and file all docket entries to date in each case. Signed by Judge Annemarie Carney Axon on 8/3/2026. (KCW) (Entered: 08/03/2026)

#2

Aug 03, 2026

PETITION for Writ of Habeas Corpus, filed by Erick Alexander Pelaez Perez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit 1, # 7 Text of Proposed Order)(**Deemed filed in 1:26-cv-1062 on 6/22/2026**)(KCW) (Entered: 08/03/2026)

#3

Aug 03, 2026

Declaration of Alida Pelico Vicente in Support of Emergency Petition and Motion for Temporary Restraining Order/Stay of Transfer by Mike Jose Pelico Vicente (KCW) **Originally filed in 1:26-cv-1062 on 6/22/2026** (Entered: 08/04/2026)

#4

Aug 03, 2026

NOTICE OF DEFICIENT PLEADING: On June 22, 2026, Petitioners Elder Estuardo Pelico, Mike Jose Pelico Vicente, and Erick Alexander Pelaez Perez filed a counseled petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 2 ). The petition is deficient because Petitioners failed to file an application to proceed in forma pauperis or pay the filing fee of $5.00. Petitioners must either file an application to proceed in forma pauperis or pay the filing fee of $5.00 to the Clerk of Court. Petitioners must correct the deficiency on or before June 29, 2026. If Petitioners do not correct the deficient pleading by this deadline, the court may dismiss this action for failure to prosecute. Signed by Judge Annemarie Carney Axon on 6/22/2026. **Originally filed in 1:26-cv-1062 on 6/22/2026** (Attachments: # 1 Application to Proceed In Forma Pauperis)(KCW) (Entered: 08/04/2026)

#5

Aug 03, 2026

ORDER: Petitioners Elder Estuardo Pelico, Mike Jose Pelico Vicente, and Erick Alexander Pelaez Perez filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and a motion for a temporary restraining order. (Doc. 2 ). The court GRANTS Petitioners' motion for a temporary restraining order as to their request to prevent Respondents from transferring them out of the Etowah County Detention Center. (Doc. 2 at 13). The court also GRANTS the request to waive security. (Id. at 14). The court reserves ruling on the remaining requests in the motion for a temporary restraining order. This order is effective until July 6, 2026, unless the court extends it. See Fed. R. Civ. P. 65(b)(2). Signed by Judge Annemarie Carney Axon on 6/22/2026. (KCW) **Originally filed in 1:26-cv-1062 on 6/22/2026** (Entered: 08/04/2026)

#6

Aug 03, 2026

ORDER ENJOINING TRANSFER: Consistent with the court's order (doc. 5 ), the court ENJOINS Respondents Barry Smith, Jonathan W. Horton, Brian Acuna, Markwayne Mullin, and Todd Blanche, and all persons acting in concert with them, from transferring Petitioners Elder Estuardo Pelico, Mike Jose Pelico Vicente, and Erick Alexander Pelaez Perez out of the Etowah County Detention Center. This order is effective until July 6, 2026, unless the court extends it. See Fed. R. Civ. P. 65(b)(2). Signed by Judge Annemarie Carney Axon on 6/22/2026. (KCW) **Originally filed in 1:26-cv-1062 on 6/22/2026** (Entered: 08/04/2026)

#7

Aug 03, 2026

ORDER: On June 22, 2026, Petitioners Elder Estuardo Pelico, Mike Jose Pelico Vicente, and Erick Alexander Pelaez Perez filed a counseled petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 2 ). The court ORDERS Respondents Barry Smith, Jonathan W. Horton, Brian Acuna, Markwayne Mullin, and Todd Blanche to appear and show cause in writing, on or before June 25, 2026, why the court should not grant the petition. See 28 U.S.C. § 2243. Signed by Judge Annemarie Carney Axon on 6/22/2026. (KCW) **Originally filed in 1:26-cv-1062 on 6/22/2026** (Entered: 08/04/2026)

#8

Aug 03, 2026

NOTICE by Brian Acuna, Todd Blanche, Markwayne Mullins (Attachments: # 1 Pelico Online Detainee Locator, # 2 Pelico-Vicente Online Detainee Locator, # 3 Pelaez-Perez Online Detainee Locator, # 4 Pelaez-Perez Voluntary Departure, # 5 Pelico-Vicente Voluntary Departure)(KCW) **Originally filed in 1:26-cv-1062 on 6/23/2026** (Entered: 08/04/2026)

#9

Aug 03, 2026

NOTICE by Brian Acuna, Todd Blanche, Markwayne Mullins re 8 Notice (Other), Corrected with Signature (Attachments: # 1 Pelico Online Detainee Locator, # 2 Pelico-Vicente Online Detainee Locator, # 3 Pelaez-Perez Online Detainee Locator, # 4 Pelaez-Perez Voluntary Departure, # 5 Pelico-Vicente Voluntary Departure)(KCW) **Originally filed in 1:26-cv-1062 on 6/23/2026** (Entered: 08/04/2026)

#10

Aug 03, 2026

TEXT ORDER: Based on Respondents' representations that Petitioners Mike Jose Pelico Vicente and Erick Alexander Pelaez Perez have accepted voluntary departure from the Department of Homeland Security (doc. 9 at 2), the court ORDERS Petitioners to SHOW CAUSE why the court should not deny the petition for a writ of habeas corpus as to those two Petitioners. Petitioners' response is due on or before June 24, 2026 at 12:00 p.m. Signed by Judge Annemarie Carney Axon on 6/23/2026. (KCW) **Originally filed in 1:26-cv-1062 on 6/23/2026** (Entered: 08/04/2026)

#11

Aug 03, 2026

RESPONSE to Order to Show Cause filed by Erick Alexander Pelaez Perez. (KCW) **Originally filed in 1:26-cv-1062 on 6/24/2026** (Entered: 08/04/2026)

#12

Aug 03, 2026

NOTICE of Appearance by Chad Cowan on behalf of Brian Acuna, Todd Blanche, Markwayne Mullins (KCW) **Originally filed in 1:26-cv-1062 on 6/24/2026** (Entered: 08/04/2026)

#13

Aug 03, 2026

RESPONSE to re 7 filed by Brian Acuna, Todd Blanche, Markwayne Mullins. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(KCW) **Originally filed in 1:26-cv-1062 on 6/25/2026** (Entered: 08/04/2026)

#14

Aug 03, 2026

MEMORANDUM OPINION AND ORDER: Finding that Respondents do not oppose any of the remaining requested relief, the court GRANTS the petition for a writ of habeas corpus. (Doc. 2 ). The court ORDERS Respondents to provide any outstanding requested documentation and information to Petitioners' counsel and facilitate a confidential communication between Petitioners and their counsel within three days of this order, on or before July 3, 2026. The court DIRECTS Respondents to file a notice on or before July 6, 2026 confirming that they have complied with this order. The court ENJOINS Respondents from further transferring Petitioners until they have facilitated the aforementioned communication with Petitioners' counsel. The court retains jurisdiction to effectuate this order. The court DIRECTS the Clerk to enter judgment in Petitioners' favor and close this file. Signed by Judge Annemarie Carney Axon on 6/30/2026. (KCW) **Originally filed in 1:26-cv-1062 on 6/30/2026** (Entered: 08/04/2026)

#15

Aug 03, 2026

NOTICE by Brian Acuna, Todd Blanche, Markwayne Mullins re 14 Judgment,,,(Cowan,Chad) (KCW) **Originally filed in 1:26-cv-1062 on 7/6/2026** (Entered: 08/04/2026)

#16

Aug 03, 2026

First MOTION to Reopen Case for Relief from Judgment, Leave to File Supplemental Petition for Writ of Habeas Corpus, and Expedited Relief by Erick Alexander Pelaez Perez. (Attachments: # 1 Supplement, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(KCW) **Originally filed in 1:26-cv-1062 on 8/2/2026** (Entered: 08/04/2026)

#17

Aug 04, 2026

TEXT ORDER: Before the court is Petitioner's motion to file a supplemental petition. (Doc. 15 in 1:26-cv-1062 and 16 in 1:26-cv-1360, 1:26-cv-1361). The court GRANTS the motion. The court ORDERS Petitioner to file a supplemental petition alleging facts relevant to only his specific case.. Signed by Judge Annemarie Carney Axon on 8/4/2026. Associated Cases: 1:26-cv-01062-ACA-JHE, 1:26-cv-01360-ACA-JHE, 1:26-cv-01361-ACA-JHE(KCW) (Entered: 08/04/2026)