Nelson Mayor Martinez v. Pam Bondi, et al.

Summary

The United States District Court for the Eastern District of California grants an immigration detainee’s motions to proceed in forma pauperis and for appointment of counsel in a 28 U.S.C. § 2241 habeas proceeding. The court directs the appointment of counsel, requires respondents to obtain and provide the petitioner’s A-file, sets a deadline for the petitioner’s reply, and bars transfer of the petitioner outside the district pending further order.

Holdings

1. The court granted petitioner leave to proceed in forma pauperis.
2. When the interests of justice require it because of the complexity of the legal issues, the court may appoint counsel for a pro se habeas petitioner under 18 U.S.C. § 3006A(a)(2)(B). The court found that standard satisfied and granted the motion for appointment of counsel.
3. Pending further order, respondents may not transfer petitioner to another detention center outside the judicial district because the court may issue an injunction under the All Writs Act to preserve its jurisdiction over the pending § 2241 petition.

Questions Presented

1. Whether petitioner should be permitted to proceed in forma pauperis.
2. Whether the interests of justice and the complexity of the legal issues warranted appointment of counsel for the pro se immigration detainee.
3. Whether the court could restrict respondents from transferring petitioner outside the district to preserve jurisdiction over the pending § 2241 petition.

Disposition

other