Beyene

Beyene v. Wolf

Good Law
United States District Court, Southern District of CaliforniaSeptember 23, 20203:20-cv-01703California464 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 SAMUEL BEYENE, Case No. 20-cv-01703-BAS-MSB

Petitioner,

ORDER SETTING BRIEFING

v. SCHEDULE

CHAD F. WOLF, et al.,

Respondents. 16 Mr. Beyene is a national of Eritrea who seeks release from the custody of United States Immigration and Customs Enforcement (ICE) pending removal. He brought the present action under 28 U.S. § 2241, arguing that he is eligible for release under Zadvydas v. Davis, 533 U.S. 678 (2001), because he has been held in the custody of ICE for more than fourteen months after his removal order and his removal is not reasonably foreseeable. (ECF No. 1.) Mr. Beyene also moves for an appointment of counsel. (ECF No. 3.) The Court may appoint counsel for financially eligible persons seeking habeas relief if “the interests of justice so require.” 28 U.S.C. § 3006A(a)(2)(B). “In deciding whether to appoint counsel in a habeas proceeding, the district court must evaluate the…

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