(HC)Tobar
(HC)Tobar v. Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
WALTER APARICIO TOBAR, Case No. 1:24-cv-01513-EPG-HC
Petitioner, ORDER DENYING PETITIONER’S
MOTION FOR APPOINTMENT OF
v. COUNSEL WITHOUT PREJUDICE
CURRENT OR ACTING FIELD OFFICE (ECF No. 3)
DIRECTOR, SAN FRANCISCO FIELD
OFFICE, UNITED STATES IMMIGRATION
AND CUSTOMS ENFORCEMENT,
16 Respondent. 17 Petitioner Walter Aparicio Tobar 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…