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

Good Law
United States District Court, Eastern District of CaliforniaJuly 8, 20241:24-cv-00775California429 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DAVID ALONZO LOPEZ-ALVARENGA, Case No. 1:24-cv-00775-EPG-HC

Petitioner, ORDER DENYING PETITIONER’S

MOTION FOR APPOINTMENT OF

v. COUNSEL

CURRENT OR ACTING FIELD OFFICE (ECF No. 3)

DIRECTOR, SAN FRANCISCO FIELD

OFFICE, UNITED STATES IMMIGRATION

AND CUSTOMS ENFORCEMENT,

16 Respondent. 17 Petitioner David Alonzo Lopez-Alvarenga is a federal immigration detainee proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner has moved for appointment of counsel. (ECF No. 3.) There currently exists no absolute right to appointment of counsel in habeas proceedings. See, e.g., Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986); Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958). However, 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the proceeding for financially eligible persons if “the interests of justice so require.” To determine whether to appoint counsel, the “court must evaluate the likelihood of…

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