Sukhjot Singh Sekhon v. Warden of the Golden State Annex Detention Facility, et al.

Summary

The court grants an immigration detainee's application to proceed in forma pauperis and motion for appointment of counsel in a 28 U.S.C. § 2241 habeas petition. The court appoints the Federal Defender, orders service of the petition and a show-cause response, and directs the parties to propose a briefing schedule. The respondent is also prohibited from transferring the petitioner outside the Eastern District of California pending further order.

Holdings

1. Petitioner satisfied the required showing and was entitled to proceed in forma pauperis.
2. Appointment of counsel was warranted because the complexity of the legal issues made appointment necessary in the interests of justice.
3. Because petitioner might be entitled to relief if the alleged constitutional violation were proved, respondents were required to be served and to show cause why the writ should not issue.
4. Pending further order, respondents were prohibited from transferring petitioner to another detention center outside the judicial district.

Questions Presented

1. Whether petitioner satisfied the requirements to proceed in forma pauperis.
2. Whether the interests of justice required appointment of counsel for the pro se immigration detainee.
3. Whether preliminary review showed that petitioner might be entitled to habeas relief, requiring service of the § 2241 petition and a response from respondents.
4. Whether the court could restrict respondent from transferring petitioner outside the district pending further order to preserve jurisdiction over the § 2241 petition.

Disposition

other