In re: Juak Albino Gabriel Biel

Opinion

3 IN RE: JUAK ALBINO GABRIEL BIEL Case No. 2:25-cv-02432-APG-BNW

4 Order

5 [ECF No. 1-1]

7 Petitioner Juak Albino Gabriel Biel, an immigration detainee who is challenging his federal 8 detention at Nevada Southern Detention Center pursuant to a final order of removal to Sudan from 9 2014, has filed a pro se petition for federal habeas corpus relief under 28 U.S.C. § 2241 and 10 requested that counsel be appointed. ECF No. 1-1. Following a preliminary review of the petition, I 11 first find that Biel has not properly commenced this habeas action by either paying the standard $5.00 12 filing fee or filing a complete application for leave to proceed in forma pauperis (“IFP”).1 Second, I 13 find that the petition suffers from a procedural defect; namely, Biel has not listed the warden of 14 Nevada Southern Detention Center as a respondent in this action. Third, I find that the appointment 15 of counsel is in the interests of justice, given, among other things, the complexities of this case.2 16 Fourth, because the petition establishes a prima facie case for relief, I direct that it be served on the 17 18

19 1 A $5.00 filing fee is required to initiate a habeas action in a federal district court. 28 U.S.C. § 1914(a). I may authorize an indigent prisoner to begin a habeas action without paying the $5 fee if 20 he or she submits an IFP application on the approved form and includes three documents: (a) the prisoner’s financial declaration and acknowledgement showing an inability to prepay fees and costs; 21 (b) a financial certificate signed by the prisoner and an authorized prison official; and (c) a copy of the prisoner’s account statement for the six-month period prior to filing. See 28 U.S.C. § 1915(a); 22 LSR 1-1, LSR 1-2. 2 Prisoners applying for habeas corpus relief are entitled to appointed counsel when the 23 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)). I may appoint counsel whenever 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 United States Attorney’s Office for the District of Nevada, given that they will be representing at 2 least one respondent in this matter following the filing of the counseled amended petition. 3 I THEREFORE ORDER that the Federal Public Defender for the District of Nevada is 4 appointed to represent Petitioner Juak Albino Gabriel Biel and is directed to file a notice of 5 appearance (or indicate its inability to represent Biel) within 7 days of the date of this Order. If the 6 Federal Public Defender is unable to represent Biel, because of a conflict of interest or for any other 7 reason, alternate counsel will be appointed. Appointed counsel will represent Biel in all federal

8 proceedings related to this matter, including any appeals or certiorari proceedings, unless allowed to 9 withdraw. 10 I FURTHER ORDER that if the Federal Public Defender files a notice of appearance in this 11 matter, it will then have 14 days to (1) file a motion to proceed IFP or pay the $5 filing fee on behalf 12 of Biel and (2) file an amended petition. The Federal Public Defender shall effectuate service of the 13 amended petition on the respondents. 14 I FURTHER KINDLY ORDER that the Clerk of Court: 15 1. DELIVER a copy of the petition (ECF No. 1-1) and this Order to the U.S. Marshal 16 for service. 17 2. ADD the United States Attorney for the District of Nevada and John Mattos to the 18 docket as Interested Parties. 19 3. SEND, through CM/ECF, a copy of the petition (ECF No. 1-1) and this Order to the 20 United States Attorney’s Office for the District of Nevada, at 21 Sigal.Chattah@usdoj.gov, summer.johnson@usdoj.gov, Veronica.criste@usdoj.gov, 22 and caseview.ecf@usdoj.gov, in accordance with Federal Rule of Civil Procedure 23 5(b)(2)(E). I FURTHER ORDER that the U.S. Marshal SERVE a copy of the petition (ECF No. 1-1)

and this Order on the United States Attorney for the District of Nevada or on an Assistant United 1}| States Attorney or clerical employee designated by the United State Attorney pursuant to Rule 2||4()(1)(A)() of the Federal Rules of Civil Procedure. 3 I FURTHER ORDER that the United States Attorney’s Office for the District of Nevada file 4| a notice of appearance within 7 days of the date of this Order and file and serve their answer to the amended petition within 7 days of service of Biel’s counseled amended petition, unless additional time is allowed for good cause shown. The respondents must file with their answer any documents 7|| reference or relied upon in their responsive pleading.’ Biel will then have 7 days to file a reply. 8 I FURTHER ORDER that the parties must meet and confer regarding any requests for an extension of deadlines and stipulate to the extension if possible. Any motion for extension must 10]| certify efforts taken to meet and confer and indicate the opposing party’s position regarding the 11}}extension. Any motion or stipulation must comply with Federal Rule of Civil Procedure 6(b) and Local Rules IA 6-1, 6-2. 13 I FURTHER ORDER that the respondents shall not transfer Biel out of this District.’ 14 Dated: December 11, 2025 15 ANDREW P. GORDON 16 CHIEF UNITED STATES DISTRICT JUDGE 17 18 19 20 ———_____ 3 See Harris v. Nelson, 394 U.S. 286, 290 (1969) (holding that “a district court, confronted by a 22|| petition for habeas corpus which establishes a prima facie case for relief, may use or authorize the use of suitable discovery procedures . . . reasonably fashioned to elicit facts necessary to help the 23}| court to ‘dispose of the matter as law and justice require.””) (citing 28 U.S.C. § 2243). * See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting the court’s “express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction”).