Chen v. Wilkinson

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 10 SI CHEN, CASE NO. 2:21-cv-00315-TSZ-JRC 11 Petitioner, ORDER 12 v. 13 MONTY WILKINSON, 14 Respondent.

16 This is a 28 U.S.C. § 2241 immigration habeas action. Petitioner has filed a motion to appoint counsel. Dkt. 2. Having considered the motion, petitioner’s financial eligibility, and the balance of the record, the Court finds and ORDERS: 19 (1) The Court is in receipt of a letter from the Federal Public Defender’s Office indicating that this case falls within the class of cases potentially governed by Zadvydas v. Davis, 533 U.S. 678 (2001). Because of the complex issues involved in this case, the interests of justice require that counsel be appointed for petitioner. See 18 U.S.C. § 3006A(a)(2)(B). As required by statute, petitioner has demonstrated financial eligibility for such appointment. See id. Accordingly, petitioner’s request for appointment of counsel is GRANTED. The Court appoints the Federal Public Defender to represent petitioner in these proceedings.

3 (2) The Clerk shall send copies of this Order to petitioner, to the Federal Public Defender, to counsel for respondents, and to the Honorable Thomas S. Zilly.

6 Dated this 12th day of March, 2021.

A J. Richard Creatura United States Magistrate Judge