Allan Aumentado v. John Mattos

Summary

The United States District Court for the District of Nevada grants Allan Aumentado’s application to proceed in forma pauperis in his 28 U.S.C. § 2241 habeas petition and appoints the Federal Public Defender to represent him. The order directs service of the petition, sets deadlines for appearances, an amended petition, and responses, and prohibits Aumentado’s transfer out of the district without further court order.

Holdings

1. The application to proceed in forma pauperis is granted.
2. Appointment of counsel is warranted because the interests of justice support representation in light of the complexities of the case.
3. The petition must be served on the respondent and the United States Attorney, and the parties must proceed under the deadlines established in the order.
4. Respondents must not transfer Aumentado out of the District of Nevada without further order of the court.

Questions Presented

1. Whether Aumentado should be permitted to proceed in forma pauperis.
2. Whether counsel should be appointed for an immigration detainee seeking § 2241 habeas relief.
3. Whether the petition should be served following preliminary review and what responsive pleading deadlines should apply.
4. Whether respondents should be temporarily barred from transferring Aumentado out of the district pending resolution of the habeas petition.

Disposition

other