Jesus Garcia-De Gouveia v. Christopher Chestnut

Opinion

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7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 No. 1:26-cv-03790-DC-EFB (HC) 11 JESUS GARCIA-DE GOUVEIA,

12 Petitioner, ORDER 13 v. 14 CHRISTOPHER CHESTNUT, 15 Respondent. 16 17 Petitioner, an immigration detainee who is representing himself, filed a petition for a writ 18 of habeas corpus pursuant to 28 U.S.C. § 2241. 19 The court has conducted a preliminary review of the petition pursuant to Rule 4 of the 20 Rules Governing Habeas Corpus Cases Under Section 2254.1 In light of the complexity of the 21 legal issues involved, the court has determined that the interests of justice require the appointment 22 of counsel for petitioner. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 23 952, 954 (9th Cir. 1983). Within seven days from the date of this order, the appointing authority 24 for the Eastern District of California shall identify counsel and send counsel’s contact information 25 to Nic Cannarozzi, Courtroom Deputy for Magistrate Judge Edmund Brennan via email at 26

27 1 Rule 1(b) of the Rules Governing Habeas Corpus Cases Under Section 2254 allows a district court to apply any or all rules to other types of habeas corpus petitions including § 2241 28 petitions. 1 | ncannarozzi@caed.uscourts.gov who shall update the docket to reflect counsel’s appointment. If 2 || counsel is not a member of the Eastern District of California Criminal Justice Act Panel, the court 3 || hereby authorizes them to serve as CJA counsel for petitioner for the duration of the proceedings 4 | in this court pursuant to Local Rule 180(b)(1). 5 Because petitioner may be entitled to the requested relief if the claimed violation of 6 || constitutional rights is proved, respondent will be served with the § 2241 petition and directed to 7 || show cause why the writ should not be granted by filing an answer/return. See 28 U.S.C. § 2243. 8 In accordance with the above, IT IS HEREBY ORDERED that: 9 1. Within seven days from the date of this order, the appointing authority for the 10 Eastern District of California shall identify counsel and send counsel’s contact 11 information to Mira Francel, Courtroom Deputy for Magistrate Judge Edmund 12 Brennan via email at mfrancel@caed.uscourts.gov who shall update the docket to 13 reflect counsel’s appointment. 14 2. The Clerk of the Court shall serve a copy of this order on the Federal Defender, 15 Attention: Habeas Appointment, along with a copy of the § 2241 petition. 16 3. Respondents’ answer/response to the § 2241 petition is due no later than 7 days 17 from the date of this order. 18 4. Petitioner’s reply is due 3 days after being served with the answer. 19 5. In order to ensure this court’s jurisdiction to resolve the pending § 2241 petition, 20 respondents shall not transfer petitioner to another detention center outside of this 21 judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) 22 (establishing the All Writs Act which empowers the federal courts to “issue all 23 writs necessary or appropriate in aid of their respective jurisdictions....”); see also 24 F-.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal 25 courts have the power to “to preserve the court’s jurisdiction or maintain the status 26 quo by injunction pending review of an agency’s action”). 27 || DATED: May 22, 2026 Y, ( ZZ 8 EDMUND F. UNITED STATES MAGISTRATE JUDGE