Avila-Herba

Manuel Avila-Hebra v. Kristi Noem, et al.

Good Law
United States District Court, Southern District of CaliforniaNovember 14, 20253:25-cv-03140California993 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Manuel AVILA-HEBRA, Case No.: 25-cv-3140-AGS-BJW

Petitioner,

ORDER GRANTING MOTION TO

v. APPOINT COUNSEL (ECF 2) AND

REQUIRING RESPONSE

Kristi NOEM, et al., Respondents.

Petitioner Manuel Avila-Hebra requests appointed counsel and emergency injunctive relief in support of his habeas corpus petition. (See ECF 2, 3); see also 28 U.S.C. § 2241 (habeas corpus). For the reasons below, the Court will grant the motion to appoint counsel and order a response to the petition and to the injunctive-relief request. A. Appointed Counsel Courts may appoint an attorney for an “impoverished habeas petitioner” when “the interests of justice so require.” Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir. 1984) (cleaned up); see also 18 U.S.C. § 3006A(a)(2)(B). In this assessment, courts evaluate a petitioner’s (a) “likelihood of success on the merits” and (b) “ability . . . to articulate his claims pro se in light of the…

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