Hiuver Armando Castro Maradiaga v. Warden of Golden State Annex Detention...
Hiuver Armando Castro Maradiaga v. Warden of Golden State Annex Detention...
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HIUVER ARMANDO CASTRO Case No. 1:25-cv-1779-DJC-JDP (P) MARADIAGA, 12 Petitioner, 13 ORDER v. 14 WARDEN OF GOLDEN STATE ANNEX 15 DETENTION FACILITY, et al., 16 Respondents. 17 18 Petitioner, an immigration detainee who is representing himself, filed a petition for a writ 19 of habeas corpus pursuant to
28 U.S.C. § 2241. Petitioner has also filed an application to proceed 20 in forma pauperis, ECF No. 2, and a motion for appointed counsel, ECF No. 3. The court has 21 conducted a preliminary review of the petition pursuant to Rule 4 of the Rules Governing Habeas 22 Corpus Cases Under Section 2254.1 23 Petitioner’s application to proceed in forma pauperis makes the required showing and is 24 granted. See
28 U.S.C. § 1915(a). Petitioner’s motion for the appointment of counsel, ECF 25 No. 3, will also be granted. In light of the complexity of the legal issues involved, the court has 26
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 28 § 2241 petitions. 1 determined that the interests of justice require the appointment of counsel. See 18 U.S.C. 2 § 3006A(a)(2)(B); see also Weygandt v. Look,
718 F.2d 952, 954(9th Cir. 1983). Within seven 3 days of this order, the appointing authority for the Eastern District of California shall identify 4 counsel and send counsel’s contact information to [email protected], and counsel 5 will be added as counsel for petitioner. If counsel is not a member of the Eastern District of 6 California Criminal Justice Act Panel, within seven days of this Order the Federal Defender shall 7 file a motion to appoint counsel as CJA counsel pro hac vice. 8 In accordance with the above, IT IS HEREBY ORDERED that: 9 1. Petitioner’s application to proceed in forma pauperis, ECF No. 2, is GRANTED. 10 2. Petitioner’s request for appointment of counsel, ECF No. 3, is GRANTED. 11 3. The Clerk of the Court shall serve a copy of this order together with a copy of 12 petitioner’s application for a writ of habeas corpus pursuant to
28 U.S.C. § 2241on the Federal 13 Defender, Attention: Habeas Appointment. 14 4. Within seven days of this order, the appointing authority for the Eastern District of 15 California shall identify counsel and send counsel’s contact information to 16 [email protected], and counsel will be added as counsel for petitioner. If counsel 17 is not a member of the Eastern District of California Criminal Justice Act Panel, within seven 18 days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro 19 hac vice. 20 5. The Clerk of the Court shall serve a copy of this order together with a copy of 21 petitioner’s application for a writ of habeas corpus pursuant to
28 U.S.C. § 2241on the United 22 States Attorney. 23 6. Within seven days of petitioner’s counsel appearing, the parties shall file a joint status 24 report addressing any motions the parties anticipate filing and a proposed briefing schedule for 25 such motions. 26 7. Respondent shall not transfer petitioner to another detention center outside of this 27 judicial district, pending further order of the court. 28 1 > IT IS SO ORDERED.
Dated: _ December 12, 2025 Q_—_—. 4 JEREMY D. PETERSON 5 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
- Full Case Name
- Hiuver Armando Castro Maradiaga v. Warden of Golden State Annex Detention Facility, et al.
- Status
- Unknown