Hernandez v. DHS/ICE, et al.

Filing 37

ORDER Denying Petitioner's 34 Motion for Appointment of Counsel, signed by Magistrate Judge Sheila K. Oberto on 5/6/16. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ESTEBAN HERNANDEZ,

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Petitioner,

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v.

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CASE NO. 1:15-cv-01829-DAD-SKO HC
ORDER DENYING PETITIONER’S MOTION
FOR APPOINTMENT OF COUNSEL

DHS/ICE and LORETTA LYNCH, Attorney
General of the United States of America,

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(Doc. 34)
Respondents.

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For the third time in this district, Petitioner, proceeding pro se with a petition for writ of habeas

17 corpus pursuant to 28 U.S.C. § 2241, moves for appointment of counsel. In habeas proceedings, no
18 absolute right to appointment of counsel currently exists. See, e.g., Anderson v. Heinze, 258 F.2d 479,
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19 481 (9 Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8 Cir. 1984). Nonetheless, a court may

20 appoint counsel at any stage of the case "if the interests of justice so require." 18 U.S.C. §
21 3006A(a)(2)(B); Rule 8(c), Rules Governing Section 2254 Cases.
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Petitioner contends that appointment of counsel is required since Respondents misrepresented

23 the status of his pending immigration case in their request for an extension of time in which to respond
24 to the petition (Doc. 30). Petitioner’s motion sets forth facts supporting his claim that Respondents
25 misrepresented the facts and urges appointment of counsel according to the standards applicable in the
26 immigration case. In addressing a habeas petition, this Court lacks jurisdiction to interfere in the
27 pending immigration case.
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This Court applies the standards for appointment of counsel in federal habeas case. It finds that

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2 Petitioner has competently filed his petition and motion for appointment of counsel, presenting well
3 reasoned arguments supported by appropriate legal citations. Accordingly, the Court restates its
4 conclusion that the interests of justice do not require the appointment of counsel at this time.
Petitioner's third motion for appointment of counsel is hereby DENIED.

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IT IS SO ORDERED.

8 Dated:

May 6, 2016

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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