Jose Avila Varela v. Warden, Golden State Detention Facility

E.D. California

Jose Avila Varela v. Warden, Golden State Detention Facility

DecidedMarch 12, 2026

Docket1:26-cv-01869

StatusUnknown

This text of Jose Avila Varela v. Warden, Golden State Detention Facility (Jose Avila Varela v. Warden, Golden State Detention Facility) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jose Avila Varela v. Warden, Golden State Detention Facility, (E.D. Cal. 2026).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE AVILA VARELA, No. 1:26-cv-1869-DJC-CKD P 12 Petitioner, 13 v. ORDER 14 WARDEN, GOLDEN STATE DETENTION FACILITY, 15 Respondent. 16

17 18 Petitioner is detained by Immigrations and Customs Enforcement and currently 19 representing himself. Petitioner filed an application for writ of habeas corpus pursuant to 28 20 U.S.C. § 2241. Petitioner also filed a motion to proceed in forma pauperis and a motion for 21 appointment of counsel. The application to proceed in forma pauperis makes the required 22 showing and is granted. See 28 U.S.C. § 1915(a). In light of the complexity of the legal issues 23 involved, the court has determined the interests of justice require appointment of counsel. See 18 24 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). 25 In accordance with the above, IT IS ORDERED as follows: 26 1. Petitioner’s motion to proceed in forma pauperis (ECF No. 2) is GRANTED. 27 2. Petitioner’s motion to appoint counsel (ECF No. 3) is GRANTED. 28 //// 1 3. Within 14 days from the date of this order, the appointing authority for the Eastern 2 || District of California shall identify counsel and send counsel’s contact information to Lisa 3 || Kennison, Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney, via email at 4 | lkennison@caed.uscourts.gov, who shall update docket to reflect counsel’s appointment. If 5 || counsel is not a member of the Eastern District of California Criminal Justice Act (“CJA”) Panel, 6 || the Court hereby authorizes them to serve as pro hac vice CJA counsel for petitioner for the 7 || duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). If counsel is not 8 || admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 9 || and 3006A and this District’s CJA Plan, General Order 671, § XV.C.1.g as applied here, the 10 || Court hereby authorizes said counsel’s pro hac vice admission to practice before this court for the 11 | duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted 12 || counsel about this appointment. 13 4. The Clerk of the Court shall serve a copy of this order and the petition filed on March 14 | 9, 2026, on the Federal Defender, Attention: Habeas Appointment. 15 | Dated: March 12, 2026 / ae □□ / a Ly a

17 UNITED STATES MAGISTRATE JUDGE 18 19 |g vare1869.110a.imm 20 21 22 23 24 25 26 27 28

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE AVILA VARELA, No. 1:26-cv-1869-DJC-CKD P 12 Petitioner, 13 v. ORDER 14 WARDEN, GOLDEN STATE DETENTION FACILITY, 15 Respondent. 16

17 18 Petitioner is detained by Immigrations and Customs Enforcement and currently 19 representing himself. Petitioner filed an application for writ of habeas corpus pursuant to 28 20 U.S.C. § 2241. Petitioner also filed a motion to proceed in forma pauperis and a motion for 21 appointment of counsel. The application to proceed in forma pauperis makes the required 22 showing and is granted. See 28 U.S.C. § 1915(a). In light of the complexity of the legal issues 23 involved, the court has determined the interests of justice require appointment of counsel. See 18 24 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). 25 In accordance with the above, IT IS ORDERED as follows: 26 1. Petitioner’s motion to proceed in forma pauperis (ECF No. 2) is GRANTED. 27 2. Petitioner’s motion to appoint counsel (ECF No. 3) is GRANTED. 28 //// 1 3. Within 14 days from the date of this order, the appointing authority for the Eastern 2 || District of California shall identify counsel and send counsel’s contact information to Lisa 3 || Kennison, Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney, via email at 4 | lkennison@caed.uscourts.gov, who shall update docket to reflect counsel’s appointment. If 5 || counsel is not a member of the Eastern District of California Criminal Justice Act (“CJA”) Panel, 6 || the Court hereby authorizes them to serve as pro hac vice CJA counsel for petitioner for the 7 || duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). If counsel is not 8 || admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 9 || and 3006A and this District’s CJA Plan, General Order 671, § XV.C.1.g as applied here, the 10 || Court hereby authorizes said counsel’s pro hac vice admission to practice before this court for the 11 | duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted 12 || counsel about this appointment. 13 4. The Clerk of the Court shall serve a copy of this order and the petition filed on March 14 | 9, 2026, on the Federal Defender, Attention: Habeas Appointment. 15 | Dated: March 12, 2026 / ae □□ / a Ly a

17 UNITED STATES MAGISTRATE JUDGE 18 19 |g vare1869.110a.imm 20 21 22 23 24 25 26 27 28

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