Zareh Tanahan v. United States of America, et al.

Opinion

1 2 3 6 * * *

7 ZAREH TANAHAN, Case No. 2:25-cv-02075-RFB-BNW

8 Petitioner, ORDER

9 v.

10 UNITED STATES OF AMERICA, et al.,

11 Respondents.

12 13 Petitioner Zareh Tanahan, an immigration detainee, has filed a Petition for Writ of Habeas 14 Corpus under 28 U.S.C. § 2241, an application to proceed in forma pauperis (“IFP”), and a motion 15 for appointment of counsel. (ECF Nos. 1, 1-1, 2.) The Court first finds that good cause exists to 16 grant the IFP application. The Court also finds that the appointment of counsel is in the interests 17 of justice, given, among other things, the complexities of this case.1 And, following a preliminary 18 review of the Petition, the Court directs that the Petition be served on Respondents. 19 Therefore, IT IS HEREBY ORDERED that the IFP application (ECF No. 1) is 20 GRANTED. 21 IT IS FURTHER ORDERED that the motion for appointment of counsel (ECF No. 2) is 22 GRANTED. The Federal Public Defender for the District of Nevada is appointed to represent 23 Petitioner Zareh Tanahan and is directed to file a notice of appearance (or indicate its inability to 24 represent Tanahan) within 7 days of the date of this Order. If the Federal Public Defender is unable 25

26 1 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. 27 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)). Indeed, the Court may appoint counsel at any stage of the 28 proceedings if 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 to represent Tanahan, because of a conflict of interest or for any other reason, alternate counsel 2 will be appointed. Appointed counsel will represent Tanahan in all federal proceedings related to 3 this matter, including any appeals or certiorari proceedings, unless allowed to withdraw. 4 IT IS FURTHER KINDLY ORDERED that the Clerk of Court: 5 1. FILE the Petition (ECF No. 1-1). 6 2. DELIVER a copy of the Petition (ECF No. 1-1) and this Order to the U.S. Marshal 7 for service. 8 9 3. SEND, through CM/ECF, a copy of the Petition (ECF No. 1-1) and this Order to 10 the United States Attorney for the District of Nevada (at Sigal.Chattah@usdoj.gov, 11 Veronica.criste@usdoj.gov, and caseview.ecf@usdoj.gov) in accordance with 12 Federal Rule of Civil Procedure 5(b)(2)(E) by adding United States Attorney for 13 the District of Nevada to the docket as an Interested Party. 14 4. MAIL a copy of the Petition (ECF No. 1-1) and this Order pursuant to Rule 4(i)(2) 15 of the Federal Rules of Civil Procedure to: 16 1) John Mattos, Warden, Nevada Southern Center, 2190 E. Mesquite Ave. 17 Pahrump, NV 89060 18 19 2) Kristi Noem, Secretary, United States Department of Homeland Security, 20 245 Murray Lane SW, Washington, DC 20528 21 3) Pamela Bondi, Attorney General of the United States, 950 Pennsylvania 22 Avenue, NW, Washington, DC, 20530 23 4) Kerri Ann Quihuis, 501 South Las Vegas Blvd., Suite 1000, Las Vegas, 24 NV 89101 25 5) Michael Bernacke, Salt Lake City ICE Field Office Director, 2975 Decker 26 Lake Drive Suite 100, West Valley City, UT 84119-6096 27 28 6) Patrick Lechleitner, ICE Deputy Director, 500 12th Street SW, 1 Washington, DC 20536 2 5. SEND a copy of the Petition (ECF No. 1-1) and this Order to the Federal Public 3 Defender, Petitioner Zareh Tanahan, and the CJA Coordinator for this division. 4 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 7) Rule 4(1)(1)(A)Q) of the Federal Rules of Civil Procedure. ° IT IS FURTHER ORDERED that counsel for Respondents file a notice of appearance ° within 7 days of the date of this Order and a response to the Petition within 14 days of the date of this Order. Petitioner will then have 14 days to file a reply, if desired.

12 13 DATED: October 28, 2025. 14 < 15 RICHARD F. BOULWARE, II 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28

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