Tan Trung Vay v. Christopher Chestnut, Warden of the California City Correctional Detention Facility, et al.

Summary

The United States District Court for the Eastern District of California denied Tan Trung Vay’s motion for appointment of counsel in a 28 U.S.C. § 2241 habeas proceeding. The court held that the interests of justice did not currently require appointed counsel and denied the request without prejudice, while leaving open the possibility of reconsideration after Respondents file their response.

Holdings

1. There is no absolute right to appointment of counsel in habeas proceedings.
2. Appointment of counsel was not warranted at that time because the interests of justice did not require it; the request was denied without prejudice.

Questions Presented

1. Whether counsel should be appointed for a pro se immigration detainee in a § 2241 habeas proceeding.

Disposition

other