(HC) Lopez-Alvarenga v. Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, et al.

Filing 10

ORDER DENYING Petitioner's 3 Motion to Appoint Counsel signed by Magistrate Judge Erica P. Grosjean on 7/8/2024. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID ALONZO LOPEZ-ALVARENGA, v. 13 15 ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT OF COUNSEL Petitioner, 12 14 Case No. 1:24-cv-00775-EPG-HC CURRENT OR ACTING FIELD OFFICE (ECF No. 3) DIRECTOR, SAN FRANCISCO FIELD OFFICE, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, 16 Respondent. 17 18 Petitioner David Alonzo Lopez-Alvarenga is a federal immigration detainee proceeding 19 pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner has 20 moved for appointment of counsel. (ECF No. 3.) 21 There currently exists no absolute right to appointment of counsel in habeas proceedings. 22 See, e.g., Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986); Anderson v. Heinze, 258 F.2d 23 479, 481 (9th Cir. 1958). However, 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of 24 counsel at any stage of the proceeding for financially eligible persons if “the interests of justice 25 so require.” To determine whether to appoint counsel, the “court must evaluate the likelihood of 26 success on the merits as well as the ability of the petitioner to articulate his claims pro se in light 27 of the complexity of the legal issues involved.” Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 28 1983). 1 1 Petitioner argues that counsel should be appointed because he “has a strong chance of 2 success on the merits,” “the complexity of the law on immigration detention,” and because 3 “Petitioner’s status as a detained immigrant” makes presenting his case greatly difficult without 4 the assistance of counsel. (ECF No. 3 at 2.) 5 Upon review of the petition and the instant motion, the Court finds that Petitioner appears 6 to have a sufficient grasp of his claims and the legal issues involved and that he is able to 7 articulate those claims adequately. The Court finds that the interests of justice do not require the 8 appointment of counsel at the present time. If, upon review of Respondent’s response to the 9 petition, the Court finds that the legal issues are more complex than they appear currently, the 10 Court will revisit Petitioner’s request for counsel. 11 Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion for appointment of 12 counsel (ECF No. 3) is DENIED without prejudice. 13 14 15 IT IS SO ORDERED. Dated: July 8, 2024 /s/ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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