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

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA JASKARAN SINGH , Case No. 1.25-cv-1693-DAD-JDP (P) 12 Petitioner, 13 v. ORDER WARDEN OF THE GOLDEN STATE ANNEX DETENTION FACILITY, et al., Respondents.

18 Petitioner, an immigration detainee who is representing himself, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner has filed an application to proceed in forma pauperis, ECF No. 2, and a motion for the appointment of counsel, ECF No. 3.

21 Petitioner’s application to proceed in forma pauperis makes the required showing and is granted. See 28 U.S.C. § 1915(a). Petitioner’s motion for the appointment of counsel, ECF No. 3, will also be granted. In light of the complexity of the legal issues involved, the court has determined that the interests of justice require the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). The court will appoint the Federal Public Defender to represent petitioner throughout the course of these proceedings.

1 The court has conducted a preliminary review of the petition pursuant to Rule 4 of the Rules Governing Habeas Corpus Cases Under Section 2254.1 Because petitioner may be entitled to the requested relief if the claimed violation of constitutional rights is proved, respondent will be served with the § 2241 petition and directed to show cause why the writ should not be granted by filing a return. See 28 U.S.C. § 2243.

6 In accordance with the above, IT IS HEREBY ORDERED that: 7 1. Petitioner’s application to proceed in forma pauperis, ECF No. 2, is GRANTED.

8 2. Petitioner’s motion for the appointment of counsel, ECF No. 3, is GRANTED. The Federal Defender is appointed to represent petitioner.

10 3. The Clerk of the Court shall serve a copy of this order on the Federal Defender, Attention: Habeas Appointment.

12 4. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United States Attorney.

15 5. The parties are directed to meet and confer within three days from the date of this order for the purpose of submitting a joint proposed briefing schedule in this case. The parties shall file a joint proposed briefing schedule no later than seven days from the date of this order.

18 6. In order to ensure this court’s jurisdiction to resolve the pending § 2241 petition, respondent shall not transfer petitioner to another detention center outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to “issue all writs necessary or appropriate in aid of their respective jurisdictions….”); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to “to preserve the court’s jurisdiction or maintain the status quo by injunction pending review of an agency’s action”).

27 1 Rule 1(b) of the Rules Governing Habeas Corpus Cases Under Section 2254 allows a district court to apply any or all of the rules to other types of habeas corpus petitions, including § 2241 petitions.

IT IS SO ORDERED.

Dated: _ December 2, 2025 4 JEREMY D. PETERSON 5 UNITED STATES MAGISTRATE JUDGE