Artur Sarkisov v. Pamela Bondi, et al.

Opinion

3 Artur Sarkisov, Case No. 2:25-cv-02321-JAD-DJA

4 Petitioner Order Granting Motion to Proceed In 5 v. Forma Pauperis, Appointing Counsel, Directing Service of 28 U.S.C. § 2241 6 Pamela Bondi, et al., Petition, and Setting a Briefing Schedule

7 Respondents [ECF Nos. 1, 1-1, 2, 4]

9 Petitioner Artur Sarkisov, an immigration detainee, has filed a motion to proceed in 10 forma pauperis, a petition for federal habeas corpus relief under 28 U.S.C. § 2241, and a motion 11 for appointment of counsel.1 The Federal Public Defender then filed a motion requesting to be 12 appointed in this matter.2 I find that good cause exists to grant Sarkisov’s motion to proceed in 13 forma pauperis and that appointment of the FPD is in the interests of justice given, among other 14 things, the complexities of this case and the FPD’s familiarity with this case.3 And, following a 15 preliminary review of the petition under the Rules Governing Section 2254 Cases,4 I direct that 16 the petition be served on respondents. 17 18

19 1 ECF Nos. 1, 1-1, 2. 2 ECF No. 4. 20 3 Prisoners applying for habeas corpus relief are entitled to appointed counsel when the 21 circumstances indicate that appointed counsel is necessary to prevent due-process violations. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986) (citing Kreiling v. Field, 431 F.2d 638, 640 (9th Cir. 1970) (per curiam)). Indeed, the court may appoint counsel at any stage of the 22 proceedings if the interests of justice so require. See 18 U.S.C. § 3006A; see also Rule 8(c), Rules Governing § 2254 Cases; Chaney, 801 F.2d at 1196. 23 4 I exercise my discretion to apply the rules governing 28 U.S.C. § 2254 petitions to this 28 U.S.C. § 2241 action. Habeas Rule 1(b). 1 IT IS THEREFORE ORDERED that the motion to proceed in forma pauperis [ECF No. 2 1] is granted. 3 IT IS FURTHER ORDERED that the motions for appointment of counsel [ECF Nos. 4 2, 4] are granted. The Federal Public Defender for the District of Nevada is appointed and will

5 represent Sarkisov in all federal proceedings related to this matter, including any appeals or 6 certiorari proceedings, unless allowed to withdraw. 7 IT IS FURTHER ORDERED that the Clerk of the Court is directed to: 8 1. FILE the petition (ECF No. 1-1). 9 2. DELIVER a copy of the petition (ECF No. 1-1) and this Order to the U.S. 10 Marshal for service. 11 3. ADD the United States Attorney for the District of Nevada to the docket 12 as an Interested Party. 13 4. SEND, through CM/ECF, a copy of the petition (ECF No. 1-1), this 14 Order, and all other filings in this matter to the United States Attorney for

15 the District of Nevada, at Sigal.Chattah@usdoj.gov, 16 Summer.Johnson@usdoj.gov, Veronica.criste@usdoj.gov, and 17 caseview.ecf@usdoj.gov, in accordance with Federal Rule of Civil 18 Procedure 5(b)(2)(E). 19 5. MAIL a copy of the petition (ECF No. 1-1) and this Order pursuant to 20 Rule 4(i)(2) of the Federal Rules of Civil Procedure to: 21 • Pamela Bondi, Attorney General of the United States, 950 22 Pennsylvania Avenue, NW, Washington, DC, 20530 23 1 ° Kristi Noem, Secretary, United States Department of Homeland 2 Security, 245 Murray Lane SW, Washington, DC 20528 3 e Michael Bernacke, Salt Lake City ICE Field Office Director, 2975 4 Decker Lake Drive Suite 100, West Valley City, UT 84119-6096 5 ° Todd Lyons, Acting Director and Senior Official Performing the 6 Duties of the Director for U.S. Immigration and Customs 7 Enforcement, 500 12th Street, SW, Washington, DC 20536 8 e John Mattos, Warden, Nevada Southern Center, 2190 E. Mesquite 9 Ave. Pahrump, NV 89060 10 IT IS FURTHER ORDERED that the U.S. Marshal is directed to SERVE a copy of the 1 petition (ECF No. 1-1) and this order on the United States Attorney for the District of Nevada or 12] on an Assistant United States Attorney or clerical employee designated by the United States 13 Attorney pursuant to Rule 4(1)(1)(A)(1) of the Federal Rules of Civil Procedure. 14 IT IS FURTHER ORDERED that counsel for the respondents must file a notice of 15 appearance within 3 days of the date of this order and file and serve their answer to the petition 16] within 14 days of the date of this order, unless additional time is allowed for good cause shown. 17 IT IS FURTHER ORDERED that Sarkisov’s reply brief, if he chooses to file one, is due 18] within 7 days of service of respondents’ answer. 19 Dated: December 3, 2025

31 USS. Districtludge J enkite} A. Dorsey

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