Active
Case Information
Filed: June 22, 2026
Assigned to:
Annemarie Carney Axon
Referred to:
John H. England III
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
June 22, 2026
Parties:
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Docket Entries
#1
Jun 22, 2026
EMERGENCY PETITION for Writ of Habeas Corpus and Emergency Motion for Temporary Restraining Order/Stay of Transfer, filed by Mike Jose Pelico Vicente, Elder Estuardo Pelico, Erick Alexander Pelaez Perez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit 1)(KCW) (Additional attachment(s) added on 6/22/2026: # 7 Text of Proposed Order) (KCW, ). (Entered: 06/22/2026)
Main Document:
EMERGENCY PETITION
#2
Jun 22, 2026
Declaration of Alida Pelico Vicente in Support of Emergency Petition and Motion for Temporary Restraining Order/Stay of Transfer filed by Mike Jose Pelico Vicente, Elder Estuardo Pelico, Erick Alexander Pelaez Perez (KCW) (Entered: 06/22/2026)
Main Document:
Declaration
#3
Jun 22, 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. 1 ). 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. (KCW) (Additional attachment(s) added on 6/22/2026: # 1 Application to Proceed In Forma Pauperis) (KCW, ). (Entered: 06/22/2026)
Main Document:
NOTICE
#4
Jun 22, 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. 1 ). 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. 1 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) (Entered: 06/22/2026)
Main Document:
ORDER:
#5
Jun 22, 2026
ORDER ENJOINING TRANSFER: Consistent with the court's order (doc. 4 ), 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) (Entered: 06/22/2026)
Main Document:
ORDER
#6
Jun 22, 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. 1 ). 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) (Entered: 06/22/2026)
Main Document:
ORDER:
Parties
Pelico
Party
Smith
Party