California Case Summaries

Osiel Valdes Perez v. Warden of the Central Valley Annex Detention Facility, et al. — Magistrate judge denies without prejudice pro se immigration detainee’s motion for appointment of counsel in § 2241 habeas case

Unreported / Non-Citable

Case
Osiel Valdes Perez v. Warden of the Central Valley Annex Detention Facility, et al.
Court
U.S. District Court — Eastern District of California
Judge
Helena M. Barch-Kuchta (U.S. District Court for the Eastern District of California, 2020)
Date decided
2026-11-03
Docket No.
1:26-cv-08909
Topics
habeas corpus, appointment of counsel, immigration detention, 28 U.S.C. § 2241, Criminal Justice Act, magistrate judge

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.

Read the public order

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