Luis Reyes Gutierrez v. Warden of the Golden State Annex Detention Facility, et al.

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LUIS REYES GUTIERREZ, Case No. 1:25-cv-02025-KES-SAB-HC

Petitioner, ORDER DENYING PETITIONER’S

MOTION FOR APPOINTMENT OF

v. COUNSEL WITHOUT PREJUDICE

WARDEN OF THE GOLDEN STATE (ECF No. 3) ANNEX DETENTION FACILITY, et al., 15 Respondents. 16 17 Petitioner is an immigration detainee proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner has moved for appointment of counsel. (ECF No. 3.) 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, the Criminal Justice Act authorizes the appointment of counsel at any stage of the proceeding for financially eligible persons if “the interests of justice so require.” 18 U.S.C. § 3006A(a)(2)(B). To determine whether to appoint counsel, the “court must evaluate the likelihood of success on the merits as well as…