Gurpartap Singh v. Warden of the Golden State Annex, et al.

Summary

The United States District Court for the Eastern District of California orders that counsel be sought for Gurpartap Singh, an immigration detainee proceeding pro se in a 28 U.S.C. § 2241 habeas petition, if he is financially eligible. The court refers the matter to the Federal Public Defender’s Office and directs that office to report on eligibility within seven days; the Clerk is directed to serve the order and petition on the Federal Defender.

Holdings

1. There is no absolute right to appointment of counsel in habeas proceedings.
2. The interests of justice would be served by appointment of counsel if Petitioner is financially eligible, given the complexity of the legal issues involved.

Questions Presented

1. Whether counsel should be appointed for a financially eligible pro se immigration detainee in a § 2241 habeas proceeding when the interests of justice require it.

Disposition

other