Nelson Mayor Martinez v. Pam Bondi, et al.

United States District Court for the Eastern District of California

Nelson Mayor Martinez v. Pam Bondi, et al.

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NELSON MAYOR MARTINEZ, No. 1:25-cv-01633-EFB (HC) 12 Petitioner, 13 v. ORDER 14 PAM BONDI, et al.,, 15 Respondents. 16 17 Petitioner, an immigration detainee who is representing himself, filed a petition for a writ 18 of habeas corpus pursuant to

28 U.S.C. § 2241

. Petitioner’s motion to proceed in forma pauperis 19 is granted. 20 Petitioner has also filed a motion for the appointment of counsel. In light of the 21 complexity of the legal issues involved, the court has determined that the interests of justice 22 require the appointment of counsel for petitioner. See 18 U.S.C. § 3006A(a)(2)(B); see also 23 Weygandt v. Look,

718 F.2d 952, 954

(9th Cir. 1983). Within seven days from the date of this 24 order, the appointing authority for the Eastern District of California shall identify counsel and 25 send counsel’s contact information to Nic Cannarozzi, Courtroom Deputy for Magistrate Judge 26 Edmund Brennan via email at [email protected] who shall update the docket to 27 reflect counsel’s appointment. If counsel is not a member of the Eastern District of California 28 Criminal Justice Act Panel, the court hereby authorizes them to serve as CJA counsel for 1 || petitioner for the duration of the proceedings in this court pursuant to Local Rule 180(b)(1). 2 The court has conducted a preliminary review of the petition pursuant to Rule 4 of the 3 || Rules Governing Habeas Corpus Cases Under Section 2254. Petitioner may be entitled to the 4 || requested relief if the claimed violation of constitutional rights is proved. Respondents have been 5 || served with the § 2241 petition and have filed an answer/return. See

28 U.S.C. § 2243

. 6 In accordance with the above, IT IS HEREBY ORDERED that: 7 1. Petitioner’s motion to proceed in forma pauperis (ECF No. 2) is granted. 8 2. Petitioner’s motion to appoint counsel (ECF No. 3) is granted. 9 3. Within seven days from the date of this order, the appointing authority for the Eastern 10 | District of California shall identify counsel and send counsel’s contact information to Nic 11 || Cannarozzi, Courtroom Deputy for Magistrate Judge Edmund Brennan via email at 12 || [email protected] who shall update the docket to reflect counsel’s appointment. 13 4. The Clerk of the Court shall serve a copy of this order on the Federal Defender, 14 || Attention: Habeas Appointment, along with a copy of the § 2241 petition. 15 5. Respondent shall request and obtain petitioner’s complete A-file and provide a copy to 16 || petitioner’s counsel upon receipt. 17 6. Petitioner’s reply is due 14 days after being served with this order. 18 7. In order to ensure this court’s jurisdiction to resolve the pending § 2241 petition, 19 || respondents shall not transfer petitioner to another detention center outside of this judicial district, 20 || pending further order of the court. See

28 U.S.C. § 1651

(a) (establishing the All Writs Act which 21 || empowers the federal courts to “issue all writs necessary or appropriate in aid of their respective 22 || jurisdictions....”); see also F.T.C. v. Dean Foods Co.,

384 U.S. 597, 604

(1966) (emphasizing 23 || that federal courts have the power to “to preserve the court’s jurisdiction or maintain the status 24 || quo by injunction pending review of an agency’s action”). 25 || Dated: December 9, 2025 26 LAV lige’ Te LAEA 27 UNITED STATES MAGISTRATE JUDGE 28

Reference

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