— gno.law

District Court, S.D. California · 3:26-cv-05289 · 2026-09-16 · Unknown

Dan Tong v. Christopher Larose et al.

Proceeding: district
Area: civil
Panel: Benjamin J. Cheeks (author)

Analysis

A model's reading — qwen3.8-27b, prompt own-v1, 2026-10-13T20:17Z · confidence high

The court reviewed a pro se petition for a writ of habeas corpus filed under 28 U.S.C. § 2241 and found that the complexity of the issues necessitated legal representation. The court conditionally appointed Federal Defenders of San Diego, Inc. as counsel, set a briefing schedule, and enjoined the respondents from removing the petitioner from the United States or the District pending further order.

What the court decided	The model
Conditional appointment of Federal Defenders of San Diego, Inc. as counsel for the Petitioner. “The Court CONDITIONALLY APPOINTS Federal Defenders of San Diego, Inc. as counsel effectively immediately.”	agree with court The court cites Weygandt v. Look for the proposition that counsel should be appointed in complex habeas cases. The appointment is conditional upon the submission of a financial affidavit, which is consistent with 18 U.S.C. § 3006A(b) and Ninth Circuit precedent (Terrovona v. Kincheloe). The decision follows from the cited authorities and the recited complexity of the case.
Injunction against removing the Petitioner from the United States or the District. “Respondent, its agents, employees, successors, attorneys, and all persons acting in active concert or participation with them are ENJOINED from removing Petitioner from the United States or this District pending further order of the Court, to maintain the status quo to allow the Court to provide a reasoned decision to the request at hand.”	agree with court The court issues a status quo injunction to preserve its jurisdiction and ability to rule on the merits. This is a standard procedural mechanism in habeas corpus proceedings to prevent mootness. The order does not cite specific authority for the injunction, but it is a well-established equitable power of the court in this context.

What the court decided

The model

Conditional appointment of Federal Defenders of San Diego, Inc. as counsel for the Petitioner.

“The Court CONDITIONALLY APPOINTS Federal Defenders of San Diego, Inc. as counsel effectively immediately.”

agree with court
The court cites Weygandt v. Look for the proposition that counsel should be appointed in complex habeas cases. The appointment is conditional upon the submission of a financial affidavit, which is consistent with 18 U.S.C. § 3006A(b) and Ninth Circuit precedent (Terrovona v. Kincheloe). The decision follows from the cited authorities and the recited complexity of the case.

Injunction against removing the Petitioner from the United States or the District.

“Respondent, its agents, employees, successors, attorneys, and all persons acting in active concert or participation with them are ENJOINED from removing Petitioner from the United States or this District pending further order of the Court, to maintain the status quo to allow the Court to provide a reasoned decision to the request at hand.”

agree with court
The court issues a status quo injunction to preserve its jurisdiction and ability to rule on the merits. This is a standard procedural mechanism in habeas corpus proceedings to prevent mootness. The order does not cite specific authority for the injunction, but it is a well-established equitable power of the court in this context.

The order itself: sound — The order correctly applies the standard for appointing counsel in complex habeas cases and properly conditions the appointment on financial eligibility. The status quo injunction is a standard procedural step to preserve jurisdiction. The reasoning is concise but sufficient for a procedural order.

How this analysis was made · dispute it

inconsistent with cited authority

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DAN TONG, Case No.: 26-cv-5289-BJC-JAC 12 Petitioner, ORDER APPOINTING COUNSEL AND SETTING BRIEFING 13 v. SCHEDULE ON PETITION FOR 14 CHRISTOPHER LAROSE et, al., WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 15 Respondents.

16 17 18 On September 14, 2026, Petitioner Dan Ton, proceeding pro se, filed a petition for 19 writ of habeas corpus pursuant to 28 U.S.C. section 2241. ECF No. 1. 20 Upon review of the Petition, the Court finds that representation is necessary given 21 the complexity and potential validity of the constitutional, statutory, and procedural issues 22 presented. Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). In light of the above, the 23 Court ORDERS as follows: 24 1. The Court CONDITIONALLY APPOINTS Federal Defenders of San Diego, 25 Inc. as counsel effectively immediately. Petitioner shall submit a form CJA 23 26 financial affidavit by September 30, 2026, to demonstrate her financial 27 eligibility. See Terrovona v. Kincheloe, 912 F.2d 1176, 1181-82 (9th Cir. 1990); 28 18 U.S.C. § 3006A(b). 1 2. Petitioner may file supplemental briefing providing any additional information 2 the Court may need to rule on the merits of the petition no later than close of 3 business on September 30, 2026. 4 3. Respondent shall file a response to the petition no later than close of business 5 October 7, 2026. Respondents shall include copies of all pertinent documents, 6 orders, and transcripts relevant to this petition. 7 4. Petitioner may file a traverse no later than close of business October 14, 2026. 8 Absent further order of this Court, this matter will be deemed under submission 9 at that time. 10 5. Respondent, its agents, employees, successors, attorneys, and all persons acting 11 in active concert or participation with them are ENJOINED from removing 12 Petitioner from the United States or this District pending further order of the 13 Court, to maintain the status quo to allow the Court to provide a reasoned 14 decision to the request at hand. 15 IT IS SO ORDERED. 16 || Dated: September 16, 2026 17 19 Honorable Benjamin J. Cheeks 20 United States District Judge 21 22 23 24 25 26 27 28