Eastern District of California • 1:26-cv-07567
(HC) Aguiar Uzhca v. Warden of California City Detention Facility
Active
Case Information
Filed: September 17, 2026
Assigned to:
Micah Wj Smith
Referred to:
Helena Barch-Kuchta
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
September 24, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 17, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of California City Detention Facility by Franklin Aguiar Uzhca. (Deputy Clerk SZ) (Entered: 09/18/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 17, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Franklin Aguiar Uzhca. (Deputy Clerk SZ) (Entered: 09/18/2026)
Main Document:
In Forma Pauperis
#3
Sep 17, 2026
MOTION to APPOINT COUNSEL by Franklin Aguiar Uzhca. (Deputy Clerk SZ) (Entered: 09/18/2026)
Main Document:
Appoint Counsel
#4
Sep 17, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Franklin Aguiar Uzhca. (Deputy Clerk SZ) (Entered: 09/18/2026)
Main Document:
Temporary Restraining Order
#5
Sep 18, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Franklin Aguiar Uzhca signed by Magistrate Judge Helena M. Barch-Kuchta on 09/18/2026. (Deputy Clerk SZ) (Entered: 09/18/2026)
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#6
Sep 18, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 09/18/2026)
Main Document:
Immigration New Case Documents
#7
Sep 18, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Douglas Harman, GOVT for Warden of California City Detention Facility (Harman, Joseph) (Entered: 09/18/2026)
Main Document:
DESIGNATION
#8
Sep 18, 2026
EO: This case was initiated by the same Petitioner who filed an earlier habeas petition in No. 1:26-cv-02988-MWJS. Pursuant to Local Rule 190(d), the court ORDERS reassignment of case No. 1:26-cv-07567-KES-HBK to U.S District Judge Micah W. J. Smith. All future filings shall reflect this reassignment. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 09/18/2026)
#9
Sep 18, 2026
CLERK'S NOTICE REASSIGNING CASE. This case has been assigned to District Judge Micah W. J. Smith. The new case number is: 1:26-cv-07567-MWJS. (Deputy Clerk AB) (Entered: 09/18/2026)
Sep 18, 2026
Minute Order
Sep 18, 2026
SERVICE BY MAIL: 6 Immigration New Case Documents, 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Franklin Aguiar Uzhca. (Deputy Clerk SZ)
Sep 18, 2026
Service by Mail
Sep 18, 2026
SERVICE BY MAIL: A copy of Dkt. No. 8 Entering Order, and Dkt. No. 9 Clerk's Notice Reassigning Case, was served on Franklin Aguiar Uzhca. (Deputy Clerk AB)
#10
Sep 20, 2026
EO: The court has received and reviewed Petitioner's petition for writ of habeas corpus, Dkt. No. 1, and motion for temporary restraining order, Dkt. No. 4 . The court intends to rule directly on the petition. It is not clear from the face of the petition, however, whether Petitioner is entitled to relief. Accordingly, under Rule 4 of the Rules Governing Section 2254 Cases -- which the court applies to this Section 2241 habeas petition, as authorized by Rule 1(b) -- the court orders the following: 1. Within seven days of the date of service of this order, Respondent SHALL FILE A RESPONSE to the petition. See Rule 4, Rules Governing Section 2255 Cases. A response can be made by filing (a) AN ANSWER addressing the merits of the petition. Any argument by Respondent that Petitioner has procedurally defaulted a claim SHALL BE MADE in the ANSWER but must also address the merits of the claim asserted. Alternatively, a response can be made by filing (b) A MOTION TO DISMISS the petition. 2. Within seven days after service of this order, Respondent also SHALL FILE any and all transcripts or other documents necessary for the resolution of the issues presented in the petition. See Rule 5(c), Rules Governing Section 2254 Cases. The transcripts or other documents shall only be filed electronically and, to the extent practicable, provided in Optical Character Recognition ("OCR") format. Respondent shall not file a hard copy of the transcripts or other documents unless so ordered by this court. 3. If Respondent files an answer to the petition, Petitioner MAY FILE atraversewithin seven days of the service of Respondent's answer. If notraverseis filed, the petition and answer are deemed submitted at the expiration of the seven days. 4. If Respondent files a motion to dismiss, Petitioner SHALL FILE an opposition or statement of non-opposition within seven days of the date of service of Respondent's motion.Any reply to an opposition to the motion to dismiss SHALL be filed within seven days after the opposition has been filed in CM/ECF.The motion to dismiss will be deemed submitted when the time to reply has expired. 5. Any motion shall be submitted on the record and briefs filed without oral argument unless otherwise ordered by the court. These dates should be considered as firm by all parties. If any party requires additional time, that party should file a motion for amendment of theschedulebefore a deadline has passed and explain in detail why the party cannot comply with thisschedule. Extensions of time will only be granted upon a showing of good cause.All provisions of Local Rule 110 are applicable to this order. 6. Pending the court's decision on the petition, and unless and until the court orders otherwise, the court ORDERS that Respondent shall not transfer or otherwise take petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction").7. Considering the briefing schedule and status quo order set forth above, Petitioner's motion for temporary restraining order, Dkt. No. 4, is DENIED without prejudice.IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 09/20/2026)
Sep 20, 2026
SERVICE BY MAIL: A copy of Dkt. No. 10 Entering Order, was served on Franklin Aguiar Uzhca. (Deputy Clerk AB)
Sep 20, 2026
Minute Order AND Order on Motion for TRO
Sep 20, 2026
Service by Mail
#11
Sep 24, 2026
Notice of Related Case
Main Document:
Notice of Related Case
#12
Sep 24, 2026
Dismiss
Main Document:
Dismiss
Parties
(HC) Aguiar Uzhca
Party
Warden of California City Detention Facility
Party