Unreported / Non-Citable
Background
Petitioner Dulce Maria Lopez Matias, proceeding pro se, filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 on October 22, 2026, while detained in the custody of U.S. Immigration and Customs Enforcement (ICE) at the Otay Mesa Detention Center. She was arrested on September 6, 2026. The petition challenges her detention and raises constitutional, statutory, and procedural issues that the court found to be complex and potentially valid.
The court determined that representation would serve the interests of justice given the complexity and potential validity of the issues presented, citing 18 U.S.C. § 3006A(a)(2)(B) and Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). The court also recognized its jurisdiction to preserve the status quo while determining subject matter jurisdiction and while the petition is pending, citing Doe v. Bondi, No. 25-CV-805-BJC-JLB, 2025 WL 1870979, at *1 (S.D. Cal. June 11, 2025).
The Court’s Holding
The court conditionally appointed Federal Defenders of San Diego, Inc. as counsel for petitioner effective immediately. The appointment is conditional: if Federal Defenders determines that petitioner is not financially eligible or that it lacks resources to represent her, it must notify petitioner and file notice with the court by October 28, 2026, in which case petitioner will continue unrepresented.
The court enjoined respondent, its officers, agents, successors, employees, attorneys, and other persons acting in concert with respondent from removing petitioner from the United States or the Southern District of California pending resolution of the petition. The court established a briefing schedule: petitioner may file an amended petition by October 30, 2026; respondent must file a return showing cause why the petition should not be granted by November 6, 2026, including relevant documents and addressing whether an evidentiary hearing is needed; petitioner may file a traverse by November 11, 2026. The court will then take the matter under submission without oral argument pursuant to Local Civil Rule 7.1(d)(1) unless otherwise notified.
Key Takeaways
- The court conditionally appointed Federal Defenders of San Diego, Inc. as counsel for a pro se immigration detainee in a § 2241 habeas corpus proceeding.
- The court issued a stay of removal enjoining the government from removing petitioner from the United States or the district pending resolution of the petition.
- A structured briefing schedule was set: amended petition due October 30, 2026; return due November 6, 2026; traverse due November 11, 2026.
- The court will decide the matter on the papers without oral argument unless otherwise ordered.
- The appointment of counsel is contingent on financial eligibility and resource availability, with a deadline of October 28, 2026 for Federal Defenders to notify the court if it cannot represent petitioner.
Why It Matters
This order reflects the court's recognition of the complexity of habeas corpus petitions filed by immigration detainees and the importance of counsel in ensuring meaningful review of constitutional and statutory claims. The conditional appointment of Federal Defenders balances the interests of justice with practical resource constraints. The stay of removal preserves the court's jurisdiction and the petitioner's ability to pursue her claims, consistent with precedent affirming federal courts' authority to maintain the status quo during jurisdictional and merits determinations. The expedited briefing schedule demonstrates the court's commitment to prompt resolution of detention challenges.