Douglas Alfaro Valladares v. Kristi Noem, et al.

Opinion

3 Douglas Alfaro Valladares, Case No.: 2:25-cv-02261-APG-BNW

4 Petitioner Order Directing Service of the Petition and 5 v. Appointing Counsel

6 Kristi Noem, et al., [ECF Nos. 1, 1-1, 1-2]

7 Respondents

8 Petitioner Douglas Alfaro Valladares, an immigration detainee, has filed a pro se petition 9 for writ of habeas corpus under 28 U.S.C. § 2241, an application to proceed in forma pauperis 10 (IFP), and a motion for appointment of counsel. ECF Nos. 1, 1-1, 1-2. Good cause exists to 11 grant the IFP application. And the appointment of counsel serves the interests of justice, given 12 among other things the complexities of this case.1 I direct that the petition be served on the 13 respondents. 14 I THEREFORE ORDER that the IFP application (ECF No. 1) is granted. 15 I FURTHER ORDER that the motion for appointment of counsel (ECF No. 1-2) is 16 granted. The Federal Public Defender for the District of Nevada is appointed to represent 17 Douglas Alfaro Valladares and is directed to file a notice of appearance (or indicate its inability 18 to represent Valladares) by December 2, 2025. If the Federal Public Defender is unable to 19 represent Valladares because of a conflict of interest or for any other reason, alternate counsel 20

21 1 Prisoners applying for habeas corpus relief are entitled to appointed counsel when the circumstances indicate that appointed counsel is necessary to prevent due process violations. 22 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 23 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. 1 will be appointed. Appointed counsel will represent Valladares in all federal proceedings related 2 to this matter, including appeals or certiorari proceedings, unless allowed to withdraw. 3 I FURTHER ORDER the Clerk of the Court to send a copy of this order to the Federal 4 Public Defender and the CJA coordinator for this division.

5 I FURTHER ORDER the Clerk of Court to: 6 1. DELIVER a copy of the Petition (ECF No. 1-1) and this Order to the U.S. 7 Marshal for service. 8 2. ADD the United States Attorney for the District of Nevada to the docket as an 9 Interested Party. 10 3. SEND, through CM/ECF, a copy of the Petition (ECF No. 1-1) and this Order to 11 the United States Attorney’s Office for the District of Nevada at 12 Sigal.Chattah@usdoj.gov, summer.johnson@usdoj.gov, 13 Veronica.criste@usdoj.gov, and caseview.ecf@usdoj.gov, in accordance with 14 Federal Rule of Civil Procedure 5(b)(2)(E).

15 4. MAIL a copy of the Petition (ECF No. 1-1) and this Order pursuant to Rule 16 4(i)(2) of the Federal Rules of Civil Procedure to: 17 1) Kristi Noem, Secretary, United States Department of Homeland Security, 245 18 Murray Lane SW, Washington, DC 20528 19 2) Pamela Bondi, Attorney General of the United States, 950 Pennsylvania 20 Avenue, NW, Washington, DC, 20530 21 3) Todd Lyons, Acting Director and Senior Official Performing the Duties of the 22 Director for U.S. Immigration and Customs Enforcement, 500 12th Street, 23 SW, Washington, DC 20536 1 4) Kerri Ann Quihuis, Las Vegas Field Office Director, 501 Las Vegas Blvd. 2 South, Suite 536, Las Vegas, NV 89101 3 5) John Mattos, Warden, Nevada Southern Center, 2190 E. Mesquite Ave. 4 Pahrump, NV 89060 5 6) Michael Bernacke, U.S. Immigration Customs Enforcement and Removal 6 Operations, 501 S. Las Vegas Blvd. Ste 200, Las Vegas, NV 89101 7 I FURTHER ORDER the U.S. Marshal SERVE a copy of the Petition (ECF No. 1-1) and 8|| this Order on the United States Attorney for the District of Nevada or on an Assistant United 9|| States Attorney or clerical employee designated by the United State Attorney under Rule 4()(1 )(A)G) of the Federal Rules of Civil Procedure. 11 I FURTHER ORDER counsel for the respondents to file a notice of appearance by 12|| November 26, 2025 and file and serve their response to the Petition by December 8, 2025, unless 13]| additional time is allowed for good cause shown. 14 I FURTHER ORDER that Valladares will have 7 days following the filing of the response 15]| to file a reply. 16 DATED this 21st day of November, 2025. 17 G- ANDREWP.GORDON. 19 CHIEF UNITED STATES DISTRICT JUDGE

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