Rodolfo Jose Pacheco Sena v. Warden of Otay Mesa Detention Center; Alejandro Mayorkas; and U.S. Immigration and Customs Enforcement
- Proceeding
- original
- Outcome
- other — If Federal Defenders of San Diego, Inc., 6
- Area
- civil
- Panel
- James E. Simmons (author)
Analysis
The court considered a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241 and found that the complexity of the issues warranted appointed counsel. The court conditionally appointed Federal Defenders of San Diego, Inc., ordered the petitioner to file a financial affidavit, and set a briefing schedule.
| What the court decided | The model |
|---|---|
Conditionally appoints Federal Defenders of San Diego, Inc. as counsel for the Petitioner.“Accordingly, the Court hereby CONDITIONALLY APPOINTS Federal Defenders of San Diego, Inc., as counsel to Petitioner, effective immediately.” | agree with court The court correctly applied the standard for appointing counsel in habeas cases, citing 18 U.S.C. § 3006A(a)(2)(B) and Weygandt v. Look, which supports appointment when the case is complex and the petitioner is pro se. The conditionality regarding financial eligibility is consistent with Terrovona v. Kincheloe. |
Orders Petitioner to submit a CJA 23 financial affidavit by May 15, 2026.“The Court ORDERS Petitioner to submit a form CJA 23 financial affidavit by Friday, May 15, 2026, to demonstrate his financial eligibility.” | agree with court This is a procedural requirement necessary to determine if the petitioner qualifies for court-appointed counsel under the Criminal Justice Act. The deadline is reasonable and the authority cited (18 U.S.C. § 3006A(b)) is appropriate. |
Sets a deadline for Petitioner to file an amended Petition if counsel is appointed.“If Federal Defenders choose to accept representation, Petitioner file an amended Petition no later than Monday, May 18, 2026.” | agree with court Setting a deadline for an amended petition after the appointment of counsel is a standard case management practice to ensure the case proceeds efficiently. The deadline is short but typical for initial procedural steps in federal court. |
The order itself: sound — The order is procedurally sound. It correctly identifies the legal basis for appointing counsel in a complex habeas case, cites the relevant statute and Ninth Circuit precedent, and sets reasonable deadlines for the next steps. There are no gaps in the reasoning for this specific procedural order.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 Case No.: 3:26-cv-1943-JES-MMP RODOLFO JOSE PACHECO SENA, 12 Petitioner, ORDER CONDITIONALLY 13 APPOINTING COUNSEL AND v. SETTING BRIEFING SCHEDULE 14 WARDEN OF OTAY MESA 15 DETENTION CENTER; ALEJANDRO 16 MAYORKAS; and U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, 17 Respondents. 18 19 20 21 22 Before the Court is pro se Petitioner Rodolfo Jose Pacheco Sena’s (“Petitioner”) 23 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (“Petition”). ECF No. 1. 24 Pursuant to the Court’s Order to Show Cause, Respondents filed a Return to the Petition. 25 ECF No. 6. 26 Considering the complexity of the constitutional, statutory, and procedural issues 27 presented in this matter, the Court finds that representation will serve the interests of 28 justice. 18 U.S.C. § 3006A(a)(2)(B); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). 1 |} Accordingly, the Court hereby CONDITIONALLY APPOINTS Federal Defenders of 2 ||San Diego, Inc., as counsel to Petitioner, effective immediately. The Court ORDERS 3 Petitioner to submit a form CJA 23 financial affidavit by Friday, May 15, 2026, to 4 ||demonstrate his financial eligibility. See 18 U.S.C. § 3006A(b); Terrovona v. Kincheloe, 5 F.2d 1176, 1181-82 (9th Cir. 1990). If Federal Defenders of San Diego, Inc., 6 || determines that Petitioner is not financially eligible for appointed counsel, or that it does 7 have the capability to represent him, Federal Defenders of San Diegos, Inc., shall notify 8 || Petitioner and file notice with this Court by Friday, May 15, 2026. If so, Petitioner shall 9 continue unrepresented. If Federal Defenders choose to accept representation, Petitioner 10 file an amended Petition no later than Monday, May 18, 2026. 11 IT IS SO ORDERED. 12 || Dated: May 7, 2026 13 Sen, 14 Honorable James E. Simmons Jr. 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28