Unreported / Non-Citable
Disposition notice
Magistrate Judge Helena M. Barch-Kuchta denied without prejudice the pro se petitioner's motion for appointment of counsel in a 28 U.S.C. § 2241 habeas corpus action challenging post-removal-order immigration detention. The court noted there is no constitutional right to counsel in federal habeas proceedings and that appointment under 18 U.S.C. § 3006A(a)(2)(B) requires the interests of justice to so require. At this early stage — before the government's response was due — the court could not conclude the petitioner had shown a likelihood of success on the merits, and found he had adequately filed a coherent petition setting out facts and legal authority. The court also noted it was not yet clear whether discovery or an evidentiary hearing would be required. The petitioner had been granted leave to proceed in forma pauperis.