In re: Mahamat Rozi

• Court: District Court, D. Nevada
• Decided: December 23, 2025
• Docket: 2:25-cv-02557
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3

4 IN RE: MAHAMAT ROZI, Case No. 2:25-cv-02557-GMN-MDC

5 SERVICE AND APPOINTMENT ORDER 6

8 Petitioner Mahamat Rozi, an immigration detainee, has filed a Motion to Proceed In Forma 9 Pauperis (“IFP”), filed a Petition for Federal Habeas Corpus relief under 28 U.S.C. § 2241, and 10 requested that counsel be appointed. (ECF Nos. 1 (“IFP Motion”), 1-1 (“Petition”).) The Court 11 finds that good cause exists to grant the IFP Motion. And, following a preliminary review of the 12 Petition under the Rules Governing Section 2254 Cases,1 the Court first finds that the Petition 13 suffers from a procedural defect; namely, Rozi has not listed the warden of Nevada Southern 14 Detention Center as a respondent in this action. Second, the Court finds that the appointment of 15 counsel is in the interests of justice, given, among other things, the complexities of this case.2 16 Third, because the Petition establishes a prima facie case for relief, the Court directs that it be 17 served on the United States Attorney’s Office for the District of Nevada, given that they will be 18 representing at least one Respondent in this matter following the filing of the Amended Petition. 19 It is therefore Ordered that the IFP Motion (ECF No. 1) is granted. 20

21 1 The Court exercises its discretion to apply the rules governing 28 U.S.C. § 2254 petitions to this 28 U.S.C. § 2241 action. See Habeas Rule 1(b). 22 2 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 or 23 when the interests of justice so require. 18 U.S.C. § 3006A; Rule 8(c), Rules Governing § 2254 Cases; Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986). 1 It is further Ordered that the Federal Public Defender for the District of Nevada is appointed 2 to represent Rozi and is directed to file a notice of appearance (or indicate its inability to represent 3 Rozi) within 7 days of the date of this Order. If the Federal Public Defender is unable to represent 4 Rozi, alternate counsel will be appointed. Appointed counsel will represent Rozi in all federal

5 proceedings related to this matter, including any appeals or certiorari proceedings, unless allowed 6 to withdraw. 7 It is further Ordered that if the Federal Public Defender files a notice of appearance in this 8 matter, it will then have 14 days to file an Amended Petition. The Federal Public Defender shall 9 effectuate service of the Amended Petition on the Respondents. 10 It is further kindly Ordered that the Clerk of Court: 11 1. FILE the Petition (ECF No. 1-1). 12 2. DELIVER a copy of the Petition (ECF No. 1-1) and this Order to the 13 U.S. Marshal for service, as detailed below. 14 3. ADD the United States Attorney for the District of Nevada and John

15 Mattos, the Warden of Nevada Southern Detention Center, to the 16 docket as Interested Parties. 17 4. SEND, through CM/ECF, a copy of the Petition (ECF No. 1-1) and 18 this Order to the United States Attorney’s Office for the District of 19 Nevada, at Sigal.Chattah@usdoj.gov, summer.johnson@usdoj.gov, 20 Veronica.criste@usdoj.gov, and caseview.ecf@usdoj.gov, pursuant 21 to Federal Rule of Civil Procedure 5(b)(2)(E). 22 5. SEND the Federal Public Defender, Rozi, and the CJA Coordinator 23 for this division a copy of the Petition (ECF No. 1-1) and this Order. 1 It is further Ordered 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 States Attorney or clerical employee designated by the United State Attorney pursuant to Rule 4! 4(1)(1)(A)(1) of the Federal Rules of Civil Procedure. 5 It is further Ordered that the United States Attorney’s Office for the District of Nevada file 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 the Amended Petition. The Respondents must file with their Answer any documents reference or relied upon in their responsive pleading.* Rozi 9}| will then have 7 days to file a reply. 10 It is further Ordered 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 12|| certify efforts taken to meet and confer and indicate the opposing party’s position regarding the extension. Any motion or stipulation must comply with Federal Rule of Civil Procedure 6(b) and Local Rules IA 6-1, 6-2. 15 It is further Ordered that the Respondents shall not transfer Rozi out of this District.‘ 16 Dated: — December 23, 2025 ‘php, Gloria M. yey arro, Judge 18 United Staites/District Court 19 20}| ———_________ > See Harris v. Nelson, 394 U.S. 286, 290 (1969) (holding that “a district court, confronted by a 21] 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 22|| court to ‘dispose of the matter as law and justice require.’”) (citing 28 U.S.C. § 2243). 3 * 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’’).