Western District of Kentucky • 3:26-cv-00767

#1

Sep 24, 2026

VERIFIED PETITION for Writ of Habeas Corpus and COMPLAINT for Declaratory and Injunctive Relief, and Request for Expedited Consideration (filing fee $5, receipt number 300018004), filed by Alexeis Herrera Veloso. (Attachments: # 1 Index and Exhibits, # 2 Proposed Order to Show Cause) (SMJ) (Entered: 09/24/2026)

#2

Sep 24, 2026

Case Assignment (Random Selection): Case Assigned to Judge Benjamin Beaton. (SMJ) (Entered: 09/24/2026)

#3

Sep 24, 2026

Emergency MOTION for Temporary Restraining Order, and MOTION for Preliminary Injunction Prohibiting Transfer Out of This District, by Petitioner Alexeis Herrera Veloso. (Attachments: # 1 Proposed Order) (SMJ) (Entered: 09/24/2026)

#4

Sep 24, 2026

MOTION for Release on Bond or Recognizance Pending Adjudication of Habeas Petition, or in the Alternative MOTION for Expedited Custody Hearing, by Petitioner Alexeis Herrera Veloso. (Attachments: # 1 Proposed Order) (SMJ) (Entered: 09/24/2026)

#5

Sep 24, 2026

NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. (SMJ) (Entered: 09/24/2026)

#6

Sep 24, 2026

NOTICE of Appearance by Calesia Henson on behalf of Todd Blanche, Markwayne Mullin, Samuel Olson, David Venturella (Henson, Calesia) (Entered: 09/24/2026)

Sep 24, 2026

Remark (Public)

Sep 24, 2026

REMARK: Electronic notification of the petition and any subsequent order constitutes valid service on all federal respondents named therein as of the date of this remark pursuant to the Memorandum of Understanding and Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, which the Court is applying to these cases. (SMJ)

#7

Sep 25, 2026

TEXT ORDER: The pro se Petitioner, Yoary Bernal Marquez, filed the habeas petition on behalf of her husband, Alexeis Herrera Veloso. See Petition (DN 1 ) at 2. Her husband, she contends, has "no access to a computer, legal research, or the documents needed to prepare a petition" and can "rea[d] English only with difficulty" because his "primary language is Spanish." Petition (DN 1 ) at 3. Given the generous standards afforded to pro se litigants, the Petitioner's status as the detainee's wife, and the Court's review of the pleadings and attachments, the Petitioner has done enough to confer next-friend status. See Whitmore v. Arkansas, 495 U.S. 149, 163 (1990) ("'next friend' must provide an adequate explanationsuch as inaccessibility, mental incompetence, or other disabilitywhy the real party in interest cannot appear on his own behalf to prosecute the action"). Other district courts in this circuit have likewise permitted immediate family members to proceed as next friends on behalf of aliens detained by ICE. See, e.g., Alcivar Lorenzo v. Raycraft, 2026 WL 369349, *2 (W.D. Mich. Feb. 10, 2026) ("[T]he petition and attached documents adequately demonstrate that the justice system is inaccessible to [the alien], who is detained in an ICE detention facility with limited English proficiency."). In response to the petition for a writ of habeas corpus (DN 1 ), the Court directs the Respondents to show cause, no later than 9/30/2026, why the writ should not be granted. See 28 U.S.C. § 2243. The Government should address whether Lopez-Campos v. Raycraft, 175 F.4th 713 (6th Cir. 2026), controls the habeas petition. Unless the parties file notice that they seek a hearing, the Court will presume that the petition presents no material factual disputes and decide it on the papers. The Clerk of Court shall forward by certified mail, return receipt requested, one copy of the petition and this order on each Respondent who has not been designated by the United States Attorney's Office, as agreed to by the Attorney's Office and the Clerk in the 1/20/2026 Memorandum of Understanding, to receive electronic notice and service. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel, Petitioner (pro se via USPS to "next friend"), Respondents (as directed) (HMC) (Entered: 09/25/2026)

#8

Sep 25, 2026

CERTIFIED MAIL to Respondent Jeff Tindall re 1 Petition for Writ of Habeas Corpus and 7 Text Order. (HMC) (Entered: 09/25/2026)

Sep 25, 2026

Order - TEXT ONLY

#9

Sep 30, 2026

RESPONSE TO ORDER TO SHOW CAUSE filed by United States of America. (Attachments: # 1 Exhibit I-213 (2019), # 2 Exhibit Notice to Appear, # 3 Exhibit Order of the Immigration Judge, # 4 Exhibit I-213 (2026), # 5 Exhibit I-213 (2021), # 6 Exhibit Notice of Revocation of Release, # 7 Exhibit Warrant of Removal/Deportation, # 8 Exhibit Alien Informal Interview) (Henson, Calesia) (Entered: 09/30/2026)

#10

Sep 30, 2026

U.S. POSTAL RETURN RECEIPT reflecting delivery to Jeff Tindall re 7 Text Order, 8 Notice of Certified Mail, 1 Petition for Writ of Habeas Corpus. (DLW) (Entered: 09/30/2026)

#11

Oct 03, 2026

Petitioner's REPLY to Federal Respondent's 9 Response to Order to Show Cause filed by next friend Yoary Bernal Marquez. (Attachments: # 1 Exhibit A: Marriage certificate of Petitioner and his spouse, # 2 Exhibit B: Medical records of Petitioner's spouse (completed surgery and scheduled surgery), # 3 Exhibit C: USCIS receipt notice, Form I-485 (Cuban Adjustment Act), # 4 Exhibit D: Employment verification letter (Amazon) and recent pay stubs, # 5 Exhibit E: Order of Supervision (July 2021) and record of ICE check-ins, 2021-2026, # 6 Exhibit F: Declaration of Yoary Bernal Marquez, # 7 Exhibit G: Letters of Support) (HMC) (Entered: 10/05/2026)

#12

Oct 07, 2026

Petitioner's Emergency MOTION for Temporary Restraining Order and Order Preserving the Status Quo Pending Adjudication of Habeas Petition and REQUEST for Release filed by by Petitioner Alexeis Herrera Veloso. (Attachments: # 1 Order of Supervision, Identification Documents, Declaration, # 2 Proposed Order) (HMC) (Entered: 10/07/2026)

#13

Oct 09, 2026

TEXT ORDER: The Court directs the Respondents to respond to the Petitioner's motion for a temporary restraining order (DN 12 ) as soon as practicable, and to do so mindful of the risk raised by the motion that removal could moot this motion and the underlying request for habeas relief and Convention Against Torture protection. The Respondents should address (1) this Court's jurisdiction, (2) whether Mexico has provided the federal government with diplomatic assurances that aliens removed from the United States will not be persecuted or tortured, (3) the applicability, if any, of the DHS v. D.V.D. litigation currently pending at the Supreme Court, and (4) any other matters germane to the prompt resolution of this TRO motion. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel, Petitioner (pro se via USPS to next friend) (HMC) Modified cc line to reflect service on pro se party on 10/9/2026. (HMC) (Entered: 10/09/2026)

Oct 09, 2026

Order - TEXT ONLY

#14

Oct 15, 2026

RESPONSE to Motion re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 12 MOTION for Temporary Restraining Order MOTION for Release filed by United States of America. (Henson, Calesia) (Entered: 10/15/2026)

#15

Oct 19, 2026

TEXT ORDER: The Court directs the Petitioner to reply to the Government's response to his motion for a TRO (DN 14 ), as soon as practicable. In his reply, Petitioner should address the Government's contention that the Petitioner has not yet asserted a credible fear of removal to Mexico to immigration officers, but that if he does, he would be entitled to a "screening for eligibility for protection under INA § 241(b)(3) and the Convention Against Torture (CAT)." DN 14 at 3, 4-5. Petitioner should also address whether the Court has jurisdiction to hear this matter under 8 U.S.C. § 1252(g), and whether the Sixth Circuit's decision in Ojukwu v. Lyons, No. 26-3891, 2026 WL 3032742 (6th Cir. Oct. 9, 2026), has any bearing on this case. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel, Petitioner (pro se) (JM) (Entered: 10/19/2026)

Oct 19, 2026

Order - TEXT ONLY

#16

Oct 23, 2026

Petitioner's REPLY to Respondent's Response to Motion to 12 MOTION for Temporary Restraining Order (DN [14) filed by Alexeis Herrera Veloso. (Attachments: # 1 Exhibit A: Declaration of Yoary Bernal Marquez, # 2 Exhibit B: Declaration of Yoary Bernal Marquez) (HMC) (Entered: 10/26/2026)

#17

Oct 27, 2026

TEXT ORDER: The Court directs the Government to file a surreply to the Petitioner's reply (DN 16 ), as soon as practicable. In its surreply, the Government should address whether it will, consistent with its Response ([DN 14]) conduct a credible-fear interview with the Petitioner prior to his removal. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel, Plaintiff pro se (c/o next friend via USPS) (HMC) Modified cc line to reflect service on pro se party on 10/27/2026. (HMC) (Entered: 10/27/2026)

Oct 27, 2026

Order - TEXT ONLY

#18

Nov 02, 2026

Reply