Douglas Uriel Rivas Rivera v. Warden of the Golden State Annex Detention Facility, et al.
Opinion
trial_court Opinion
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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11 DOUGLAS URIEL RIVAS RIVERA, Case No. 1:25-cv-01476-EPG-HC
12 Petitioner, ORDER DENYING PETITIONER’S
MOTION FOR APPOINTMENT OF
13 v. COUNSEL WITHOUT PREJUDICE
14 WARDEN OF THE GOLDEN STATE (ECF No. 3) ANNEX DETENTION FACILITY, et al., 15 Respondents. 16 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. 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…