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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 EDUARDO CEJA AYALA, Case No. 1:25-cv-00463-EPG-HC

12 Petitioner, ORDER DENYING PETITIONER’S

MOTION FOR APPOINTMENT OF

13 v. COUNSEL WITHOUT PREJUDICE

14 CURRENT OR ACTING FIELD OFFICE (ECF No. 4)

DIRECTOR, SAN FRANCISCO FIELD

15 OFFICE, UNITED STATES IMMIGRATION

AND CUSTOMS ENFORCEMENT,

16 Respondent. 17 18 Petitioner is a federal immigration detainee proceeding pro se with a petition for writ of 19 habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner has moved for appointment of counsel. 20 (ECF No. 4.) 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…