Giha v. Lynch

Filing 39

ORDER Taking 34 Motion to Withdraw as Counsel under Advisement signed by Magistrate Judge Erica P. Grosjean on 7/28/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CALEB FARES GIHA,

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Plaintiff,
v.

Case No. 1:16-cv-00893-EPG
ORDER TAKING MOTION TO WITHDRAW
AS COUNSEL UNDER ADVISEMENT
(ECF No. 34)

LORETTA E. LYNCH,
Defendant.

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This case was transferred in from U.S. Court of Appeals for the Ninth Circuit on June 23,
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2016 for a de novo review of petitioner Caleb Fares Giha’s citizenship claim. Petitioner has been

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represented by attorney Mackenzie W. Mackins of Mackins & Mackins, LLP since the transfer of
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the case to this District.
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On June 28, 2017, Ms. Mackins filed a motion to withdraw of counsel for Petitioner. Ms.
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Mackins attests that Petitioner’s father, Mr. Walter Giha (“Mr. Walter”), initiated engagement of
Ms. Mackin’s representation of petitioner in June 2014. Ms. Mackins states that the attorney-

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client relationship with Petitioner has broken down because of difficulty communicating directly
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with Petitioner due to his transfer to numerous Immigration Customs Enforcement (“ICE”)

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detention facilities nationwide. Additionally, Ms. Mackins indicates that she has experienced
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difficulty with lack of cooperation from the petitioner’s father, Mr. Walter, regarding the

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preparation and conduct of the representation, and the payment of invoices in a timely manner.
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On July 27, 2017, the Court held a hearing on the motion to withdraw as counsel. Ms.

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Mackins, petitioner Giha, and counsel for the United States, Rebekah Nahas, all appeared

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telephonically. The potential withdrawal of Ms. Mackins was discussed on the record. Ms.

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Mackins explained that additional out-of-pocket costs would be required to adequately represent

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Petitioner through the conclusion of this case, and Ms. Mackins lacks the necessary resources to

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provide the required representation. Petitioner indicated that he was not in position to provide the

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necessary resources and would need to contact his father, Mr. Walter, to see if any payment could

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be provided to Ms. Mackins.

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The Court decided to take the matter under advisement to allow time for Ms. Mackins to

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indicate the amount of outstanding fees as well as the estimated costs of proceeding with the case.

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The Court will then ask that Mr. Giha, or his father, file a response indicating whether they will

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pay that amount to allow Ms. Mackins to continue work on the case.

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Accordingly, the Court ORDERS as follows:

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1.

The Court takes the motion to withdraw as counsel under advisement.

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2.

On or before August 3, 2017, Ms. Mackins shall submit to the Court supplemental

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information regarding outstanding fees and costs and estimated future costs of prosecuting the

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case to its conclusion.

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3.

On or before August 24, 2017, Mr. Giha and/or Mr. Giha’s father, Mr. Walter,

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shall file a document with the Court indicating whether financial resources will be provided to

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Ms. Mackins to adequately represent the petitioner in this case.

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4.

The Clerk of the Court is directed to send a copy of this order and copies of the

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case filings at ECF Nos. 34 and 37 to Mr. Walter Giha, 70 Skylar St., #1223, Ladera Ranch, CA

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92694.

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IT IS SO ORDERED.
Dated:

July 28, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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