Warden

Vu Quoc Pham v. Warden, et al.

Good Law
United States District Court, Eastern District of CaliforniaDecember 22, 20251:25-cv-01873California831 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VU QUOC PHAM, No. 1:25-cv-1873 DC AC Petitioner, v. ORDER WARDEN, et al., Respondents. 16 Petitioner, an immigration detainee who is proceeding without a lawyer, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 together with an application to proceed in forma pauperis. ECF Nos. 1, 2. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). Petitioner has also requested the appointment of counsel. ECF No. 3. There currently exists no absolute right to appointment of counsel in habeas proceedings. Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A(a)(2) authorizes the appointment of counsel at any stage of the case if “the interests of justice so require.” As set forth below, respondent is being…

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