Bobokulov Akmal v. Warden of California City Detention

Opinion

1 2 3 4 5 6 7 10 11 BOBOKULOV AKMAL, No. 1:25-CV-01921-DC-DMC 12 Petitioner, ORDER 13 v. DETENTION, 15 Respondent. 16

17 18 Petitioner, an immigration detainee proceeding pro se, brings this petition for a 19 writ of habeas corpus under 28 U.S.C. § 2241. 20 The court has conducted a preliminary review of the petition pursuant to Rule 4 of 21 the Rules Governing Habeas Corpus Cases Under Section 2254.1 Because Petitioner may be 22 entitled to the requested relief if the claimed violation of constitutional rights is proved, 23 Respondent will be directed to show cause why the writ should not be granted by filing an 24 answer/return within 14 days from the date of this order. See 28 U.S.C. § 2243. Petitioner may 25 file a reply/traverse to the answer/return within 7 days after being served a copy of it. 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 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Within 30 days from the date of this order, Petitioner shall file an application to 3 || proceed in forma pauperis or pay the appropriate $5 filing fee for this action. The Clerk of Court 4 || 1s directed to send Petitioner the application to proceed in forma pauperis for a non-prisoner. 5 2. Respondent is directed to file an answer/return within 14 days from the date of 6 this order. If an answer/return is filed, Respondent shall include with the answer/return 7 any and all transcripts or other documents relevant to the determination of the issues 8 presented in the application. 9 3. Petitioner’s reply/traverse, if any, is due within 7 days after being served a copy 10 of Respondent’s answer/return. 11 4. The Clerk of the Court shall serve a copy of this order together with a copy of 12 Petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the 13 United States Attorney. 14 5. In order to ensure this court’s jurisdiction to resolve the pending § 2241 15 || petition, Respondent shall not transfer Petitioner to another detention center outside of this 16 || judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All 17 || Writs Act which empowers the federal courts to “issue all writs necessary or appropriate in aid of 18 || their respective jurisdictions....”); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) 19 | (emphasizing that federal courts have the power to “to preserve the court’s jurisdiction or 20 || maintain the status quo by injunction pending review of an agency’s action”). 21 22 = 33 Dated: December 23, 2025 Co UNITED STATES MAGISTRATE JUDGE 25 26 27 28