(HC) Bui v. Warden of the Otay Mesa Detention Facility

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 TUAN QVOC BUI, Case No.: 25-cv-2111-JES-DEB 12 Petitioner, ORDER GRANTING MOTION TO 13 v. APPOINT COUNSEL 14 WARDEN OF THE OTAY MESA DETENTION FACILITY ET AL., [ECF No. 6] 15 Respondents. 16 17 18 19 Before the Court is Petitioner’s Motion for Appointment of Counsel. ECF No. 6. 20 Petitioner moves for appointment of counsel pursuant to 18 U.S.C. § 3006A(a)(2). Id. 21 Under this statute, the district court may appoint counsel for an impoverished habeas 22 petitioner seeking relief under 28 U.S.C. § 2241 whenever “the court determines that the 23 interest of justice so require …” Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir. 1984) 24 (quoting 18 U.S.C. § 3006A(g)). The Court “must evaluate both the likelihood of success 25 on the merits and the ability of the petitioner to articulate his claims pro se in light of the 26 complexity of the legal issues involved.” Rand v. Rowland, 113 F.3d 1520 (9th Cir. 1997) 27 (citations omitted). 28 l The Federal Defenders of San Diego, Inc., is ready and able to assist Petitioner in 2 || this matter. See generally ECF No. 6. Having carefully considered the arguments raised 3 Petitioner’s motion, the Court finds that the appointment of counsel is appropriate in 4 || this case. The Court therefore GRANTS Petitioner’s motion for appointment of counsel 5 APPOINTS Federal Defenders of San Diego, Inc. to represent him. 6 IT IS SO ORDERED. 7 Dated: September 11, 2025 = a SY. 4, 9 Honorable James E. Sunmons Jr. 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28