Tennessee quarterback Joey Aguilar has taken another positive step in his quest to receive an extra year of college eligibility. A Knox County judge granted Aguilar’s request for a temporary restraining order against the NCAA, KnoxNews Adam Sparks first reported Friday morning with On3’s Pete Nakos sharing the ruling.
“Immediate and irreparable injury will result to Plaintiff if a restraining order is not issued,” the judge wrote. “Every day that Aguilar’s future remains uncertain leaves him unable to prepare for the next step of his career.”
The temporary restraining order allows Aguilar to join the Tennessee team in the short term. However, this is not a permanent decision. The preliminary injunction is expected to be set for Friday, Jan. 13 and a more permanent decision will come following that.
Of course, whoever loses that decision could appeal but rarely in NCAA legality cases have appeals been utilized and won.
Aguilar’s lawsuit against the NCAA fights back against rules that count junior college seasons against a student-athlete’s NCAA eligibility.
A judge in the similar Diego Pavia case originally sided with the Vanderbilt quarterback last winter, enacting a temporary restraining order against the NCAA. In response, the NCAA granted an extra year of eligibility to student-athletes who previously played in junior college and ran out of eligibility during the 2024-25 athletic year.
That ruling gave Aguilar an extra-year of eligibility and eventually led to him landing at Tennessee. However, Aguilar played two seasons at Diablo Valley Community College and would have one more year of eligibility remaining if the courts again sided with him and other student-athletes versus the NCAA again.
More From RTI: Tennessee Football Named to Top-Eight for Blue Chip Cornerback Recruit
Aguilar was originally a plaintiff in the Pavia lawsuit before separating from it last week due to the slow moving process. With Tennessee’s spring semester and winter workouts under way, Aguilar is looking for a quick decision so he can re-join the Tennessee team.
“After a breakout season as the Volunteers’ quarterback in 2025, the NCAA is blocking Aguilar from playing a fourth year of Division I football – depriving Tennessee of a gifted quarterback and robbing Aguilar of millions in compensation,” Aguilar’s complaint states according to KNS.
The veteran quarterback’s lawsuit states that Tennessee is holding a roster spot for him and nearly $2 million in NIL compensation if he wins his case and is allowed to return to Tennessee for the 2026 season.
As a fifth-year senior at Tennessee in 2025, Aguilar completed 272-of-404 passes for 3,565 yards, 24 touchdowns and 10 interceptions while the Vols posted an 8-5 (4-4 SEC) record. Aguilar was average over the course of the season though he played with a benign tumor on his right arm “for most of the season.” His lawsuit claims that the tumor affected his performance.
Tennessee’s quarterback situation is currently dicey entering the 2026 season. The Vols were unsuccessful in their attempts to poach a high-level quarterback out of the transfer portal this offseason. Alabama’s Ty Simpson never entered the portal, instead declaring for the NFL Draft, while Arizona State’s Sam Leavitt chose LSU over Tennessee.
Josh Heupel and his staff eventually added Colorado’s Ryan Staub to the roster, but he projects as a backup. The other two quarterbacks currently on Tennessee’s roster are redshirt freshman George MacIntyre and true freshman Faizon Brandon.
