Juan Hilario Serrano De Leon v. On Habeas Corpus

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JUAN HILARIO SERRANO DE LEON, Case No. 1:25-cv-01867-JLT-EPG-HC

Petitioner, ORDER REGARDING APPOINTMENT OF

COUNSEL

v.

ON HABEAS CORPUS, ORDER DIRECTING CLERK OF COURT

TO SERVE ORDER AND COPY OF

Respondent. PETITION ON FEDERAL DEFENDER

16 Petitioner is an immigration detainee proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. 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 likelihood of success on the merits as well as the ability of the petitioner to articulate his claims pro se in light of the complexity of the legal…