Tran v. Bondi

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA TUAN VAN TRAN, Case No.: 25-cv-2334-JES-MSB 12 Petitioner, ORDER GRANTING MOTION TO v. APPOINT COUNSEL KRISTI NOEM, SECRETARY OF THE DEPARTMENT OF HOMELAND [ECF No. 2] SECURITY; PAMELA BONDI, ATTORNEY GENERAL; TODD LYONS, ACTING DIRECTOR OF IMMIGRATION AND CUSTOMS ENFORECEMENT; JESUS ROCHA, ACTING FIELD OFFICE DIRECTOR, SAN DIEGO FIELD OFFICE, CHRISTOPHER LAROSE, WARDEN OF OTAY MESA DETENTION CENTER, Respondents.

Before the Court is Petitioner’s Motion for Appointment of Counsel. ECF No. 2.

Petitioner moves for appointment of counsel pursuant to 18 U.S.C. § 3006A(a)(2). Id. Under this statute, the district court may appoint counsel for an impoverished habeas petitioner seeking relief under 28 U.S.C. § 2241 whenever “the court determines that the ||interest of justice so require ...” Bashor vy. Risley, 730 F.2d 1228, 1234 (9th Cir. 1984) ||(quoting 18 U.S.C. § 3006A(g)). The Court “must evaluate both the likelihood of success ||on the merits and the ability of the petitioner to articulate his claims pro se in light of the ||complexity of the legal issues involved.” Rand v. Rowland, 113 F.3d 1520 (9th Cir. 1997) ||(citations omitted).

6 The Federal Defenders of San Diego, Inc., is ready and able to assist Petitioner in || this matter. See generally ECF No. 2. Having carefully considered the arguments raised |/in Petitioner’s motion, the Court finds that the appointment of counsel is appropriate in || this case. The Court therefore GRANTS Petitioner’s motion for appointment of counsel 10 APPOINTS Federal Defenders of San Diego, Inc. to represent him.

11 IT IS SO ORDERED.

13 || Dated: September 16, 2025 ait Si 4.

14 Honorable James E. Sunmons Jr. 15 United States District Judge