Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JOANGEL ALEJANDRO IBARRA Case No.: 26-cv-5033-BJC-BJW ARISMENDI, 12 ORDER APPOINTING COUNSEL Petitioner, AND SETTING BRIEFING 13 SCHEDULE ON PETITION FOR v. 14 WRIT OF HABEAS CORPUS WARDEN, OTAY MESA DETENTION PURSUANT TO 28 U.S.C. § 2241 15 CENTER, 16 Respondents. 17 18 On September 4, 2026, Petitioner Joangel Alejandro Ibarra Arismendi, proceeding 19 pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. section 2241. ECF 20 No. 1. On September 9, 2026, the Court issued an Order to Show Cause Why Petition 21 Should Not be Dismissed because Petitioner had not paid the $5.00 filing fee or moved to 22 proceed in forma pauperis. ECF No. 2. On September 14, 2026, Petitioner paid the filing 23 fee. ECF No. 4. 24 Upon review of the Petition, the Court finds that representation is necessary given 25 the complexity and potential validity of the constitutional, statutory, and procedural issues 26 presented. Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). In light of the above, the 27 Court ORDERS as follows: 28 l 1. The Court CONDITIONALLY APPOINTS Federal Defenders of San Diego, 2 Inc. as counsel effectively immediately. Petitioner shall submit a form CJA 23 3 financial affidavit by October 7, 2026, to demonstrate her financial eligibility. 4 See Terrovona v. Kincheloe, 912 F.2d 1176, 1181-82 (9th Cir. 1990); 18 U.S.C. 5 § 3006A(b). 6 2. Petitioner may file supplemental briefing providing any additional information 7 the Court may need to rule on the merits of the petition no later than close of 8 business on October 7, 2026. 9 3. Respondent shall file a response to the petition no later than close of business 10 October 14, 2026. Respondents shall include copies of all pertinent documents, 11 orders, and transcripts relevant to this petition. 12 4. Petitioner may file a traverse no later than close of business October 21, 2026. 13 Absent further order of this Court, this matter will be deemed under submission 14 at that time. 15 5. Respondent, its agents, employees, successors, attorneys, and all persons acting 16 in active concert or participation with them are ENJOINED from removing 17 Petitioner from the United States or this District pending further order of the 18 Court, to maintain the status quo to allow the Cour 19 6. 30t to provide a reasoned decision to the request at hand. 20 IT IS SO ORDERED. 21 || Dated: September 23, 2026 22 24 Honorable Benjamin J. Cheeks 25 United States District Judge 26 27 28