Juan Hilario Serrano De Leon v. On Habeas Corpus

• Court: District Court, E.D. California
• Decided: December 23, 2025
• Docket: 1:25-cv-01867
• Status: Unknown

Opinion

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8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 JUAN HILARIO SERRANO DE LEON, Case No. 1:25-cv-01867-JLT-EPG-HC

12 Petitioner, ORDER REGARDING APPOINTMENT OF COUNSEL 13 v.

14 ON HABEAS CORPUS, ORDER DIRECTING CLERK OF COURT TO SERVE ORDER AND COPY OF 15 Respondent. PETITION ON FEDERAL DEFENDER

16 17 Petitioner is an immigration detainee proceeding pro se with a petition for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2241. 19 There currently exists no absolute right to appointment of counsel in habeas proceedings. 20 See, e.g., Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986); Anderson v. Heinze, 258 F.2d 21 479, 481 (9th Cir. 1958). However, 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of 22 counsel at any stage of the proceeding for financially eligible persons if “the interests of justice 23 so require.” To determine whether to appoint counsel, the “court must evaluate the likelihood of 24 success on the merits as well as the ability of the petitioner to articulate his claims pro se in light 25 of the complexity of the legal issues involved.” Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 26 1983). 27 In light of Petitioner’s allegations that he was called and told to report in person and was 1 | Justice would be served by the appointment of counsel if Petitioner is financially eligible given 9, | the complexity of the legal issues involved. 3 Accordingly, the Court HEREBY ORDERS: 4 1. The matter is hereby referred to the Federal Public Defender’s Office to find counsel for 5 Petitioner if Petitioner is financially eligible for appointment of counsel pursuant to 18 6 US.C. § 3006A(a)(2)(B). 7 2. Within SEVEN (7) days of the date of service of this order, a notice shall be filed with 8 the Court by the Federal Public Defender’s Office regarding whether Petitioner is 9 financially eligible for appointment of counsel. 10 3. The Clerk of the Court shall serve a copy of this order and the petition for writ of habeas 11 corpus on the Federal Defender, Attention: Habeas Appointment. 12 IT IS SO ORDERED. 13 14] Dated: _ December 23, 2025 hey 5 UNITED STATES MAGISTRATE JUDGE

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