Garad Bashir v. Warden of the Golden State Annex Detention Facility, et al.

• Court: District Court, E.D. California
• Decided: January 27, 2026
• Docket: 1:26-cv-00578
• Status: Unknown

Opinion

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 GARAD BASHIR, Case No. 1:26-cv-00578-JLT-SAB-HC

12 Petitioner, ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT OF 13 v. COUNSEL

14 WARDEN OF THE GOLDEN STATE (ECF No. 2) ANNEX DETENTION FACILITY, et al., 15 Respondents. 16 17 18 Petitioner is an immigration detainee proceeding pro se with a petition for writ of habeas 19 corpus pursuant to 28 U.S.C. § 2241. 20 Petitioner has moved for appointment of counsel. (ECF No. 2.) There currently exists no 21 absolute right to appointment of counsel in habeas proceedings. See, e.g., Chaney v. Lewis, 801 22 F.2d 1191, 1196 (9th Cir. 1986); Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958). 23 However, the Criminal Justice Act authorizes the appointment of counsel at any stage of the 24 proceeding for financially eligible persons if “the interests of justice so require.” 18 U.S.C. 25 § 3006A(a)(2)(B). To determine whether to appoint counsel, the “court must evaluate the 26 likelihood of success on the merits as well as the ability of the petitioner to articulate his claims 27 pro se in light of the complexity of the legal issues involved.” Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). 1 Petitioner contends that counsel should be appointed because he “has a strong chance of 2 | success on the merits” “the complexity of the law on immigration detention,” and his “status as a 3 | detained immigrant,” which makes presenting his case without the assistance of counsel difficult. 4 | (ECF No. 4 at 2.) Upon review of the petition, the Court finds that Petitioner appears to have a 5 | sufficient grasp of his claims and the legal issues involved and that he is able to articulate those 6 | claims adequately. The legal issues involved are not extremely complex, and Petitioner does not 7 | demonstrate a likelihood of success on the merits such that the interests of justice require the 8 | appointment of counsel at the present time. 9 Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion to appoint counsel 10 | (ECF No. 2) is DENIED. 11 Db IT IS SO ORDERED. DAA Le 13 | Dated: _January 27, 2026 __ Oe STANLEY A. BOONE 14 United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28