Adbalkarim Al Khatib v. Noem

Summary

The United States District Court for the Southern District of California granted Abdalkarim Al Khatib’s motion to appoint counsel in his 28 U.S.C. § 2241 habeas proceeding concerning immigration detention and potential removal. The court appointed Federal Defenders of San Diego, Inc., set a briefing schedule for the habeas petition and motion for a temporary restraining order, and enjoined respondents from removing him from the United States or the district pending further order. The order was entered on November 6, 2025.

Holdings

1. The court may appoint counsel for a financially eligible habeas petitioner when the interests of justice so require, and appointment was appropriate because petitioner had limited English proficiency, lacked legal training and financial resources, and faced complex immigration-law issues.
2. The court may issue a limited stay and injunction under the All Writs Act to preserve the status quo and protect its ability to decide a pending immigration matter; respondents were enjoined from removing petitioner from the United States or the Southern District of California pending further order.

Questions Presented

1. Whether appointment of counsel was warranted under 18 U.S.C. § 3006A(a)(2)(B) in light of the complexity of the immigration habeas claims, petitioner's limited English proficiency, inability to afford counsel, and asserted inability to litigate pro se.
2. Whether the court should issue interim relief under the All Writs Act to preserve the status quo and prevent petitioner's removal while the court considers the habeas petition and motion for a temporary restraining order.
3. What briefing schedule should govern respondents' response to the habeas petition and motion for a temporary restraining order.

Disposition

other