Amit Sharma v. Minga Wofford
Amit Sharma v. Minga Wofford
Trial Court Opinion
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 AMIT SHARMA, No. 1:25-CV-1793-DAD-SCR 11 Petitioner, 12 v. ORDER 13 MINGA WOFFORD, 14 Respondent. 15 16 Petitioner, an immigration detainee who is represented by counsel, filed a petition for a 17 writ of habeas corpus pursuant to
28 U.S.C. § 2241. The court has conducted a preliminary 18 review of the petition pursuant to Rule 4 of the Rules Governing Habeas Corpus Cases Under 19 Section 2254.1 Because petitioner may be entitled to the requested relief if the claimed violation 20 of constitutional rights is proved, respondent will be directed to show cause why the writ should 21 not be granted by filing an answer/return within 14 days from the date of this order. See 28
22 U.S.C. § 2243. Petitioner may file a reply/traverse to the answer/return within 7 days after being 23 served a copy of it. 24 In accordance with the above, IT IS HEREBY ORDERED that: 25 1. Respondent is directed to file an answer/return within 14 days from the date of this 26
27 1 Rule 1(b) of the Rules Governing Habeas Corpus Cases Under Section 2254 allows a district court to apply any or all of the rules to other types of habeas corpus petitions including § 2241 28 petitions. 1 | order. If an answer/return 1s filed, respondent shall include with the answer/return any and all 2 || transcripts or other documents relevant to the determination of the issues presented in the 3 || application. 4 2. Petitioner’s reply/traverse, if any, is due within 7 days after being served a copy of 5 || respondent’s answer/return. 6 4. Absent a further order of the court, the petition will be taken under submission after the 7 || filing of the reply/traverse. 8 5. The Clerk of the Court shall serve a copy of this order together with a copy of 9 || petitioner’s application for a writ of habeas corpus pursuant to
28 U.S.C. § 2241on the United 10 | States Attorney. 11 6. In order to ensure this court’s jurisdiction to resolve the pending § 2241 petition, 12 || respondent shall not transfer petitioner to another detention center outside of this judicial district, 13 | pending further order of the court. See
28 U.S.C. § 1651(a) (establishing the All Writs Act which 14 || empowers the federal courts to “issue all writs necessary or appropriate in aid of their respective 15 || jurisdictions....”); see also F.T.C. v. Dean Foods Co.,
384 U.S. 597, 604(1966) (emphasizing that 16 | federal courts have the power to “to preserve the court’s jurisdiction or maintain the status quo by 17 || injunction pending review of an agency’s action’’). 18 | DATED: December 19, 2025 19 20 )
21 SEAN C. RIORDAN > UNITED STATES MAGISTRATE JUDGE
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Reference
- Status
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