Case Name in Immigration Case - Unavailable

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3:26-cv-1782-CAB-DEB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
HUSSEIN AWEL ZIYAD
Petitioner,
v.
WARDEN JEREMY CASEY,
Respondent.
Case No.: 3:26-cv-1782-CAB-DEB
ORDER:
(1) REQUIRING RESPONSE TO
WRIT OF HABEAS CORPUS;
and
(2) DENYING MOTION FOR
APPOINTMENT OF
COUNSEL WITHOUT
PREJUDICE [Doc. No. 2].
Hussein Awel Ziyad, an immigration detainee proceeding pro se, has filed a petition
for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, [Doc. No. 1 (“Petition”)], and a
motion to appoint counsel, [Doc. No. 2].
Petitioner moves to appoint counsel because he says he is not fluent in English,
cannot afford to hire an attorney, and lacks the legal education to contend with immigration
issues. [Doc. No. 2.] While there is no constitutional right to appointment of counsel in
habeas proceedings, a district court may provide counsel for any financially eligible person
seeking habeas relief under § 2241 when “the interests of justice so require.” 	18 U.S.C.
§ 3006A(a)(2)(B). 	In making this assessment, courts must evaluate “the likelihood of
success on the merits as well as the ability of the petitioner to articulate his claims pro se
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in light of the complexity of the legal issues involved.” Weygandt v. Look, 718 F.2d 952,
954 (9th Cir. 1983). The appointment of counsel is left to the sound discretion of the Court.
See Terrovona v. Kincheloe, 912 F.2d 1176, 1181–82 (9th Cir. 1990). The Court finds that
Petitioner was able to clearly and cognizably articulate the legal claims both in his habeas
petition and his request for counsel. See e.g. Skvortsova v. LaRose, No. 26-CV-0073-AGS-
SBC, 2026 WL 597333 at *1 (S.D. Cal. Mar. 3, 2026). 	Petitioner’s motion to appoint
counsel is therefore DENIED WITHOUT PREJUDICE. 1
As for the Petition, the Court finds summary dismissal is unwarranted at this time.
See Kourteva v. INS, 151 F. Supp. 2d 1126, 1128 (N.D. Cal. 2001) (“Summary dismissal
is appropriate only where the allegations in the petition are vague or conclusory, palpably
incredible, or patently frivolous or false.”). Accordingly, the Court ORDERS as follows:
1. Respondent shall file a response to the Petition by April 2, 2026. The response
must address the allegations in the Petition and must include any documents
relevant to the determination of the issues raised in the Petition.
2. Respondent shall serve a copy of the response on Petitioner by April 3, 2026.
3. Petitioner may file a reply by April 10, 2026.
4. To 	maintain 	the 	status 	quo, 	Respondent, 	their 	officers, 	agents, 	servants,
employees, attorneys, and other persons who act in concert or participation with
Respondent SHALL NOT transfer Petitioner outside of the Southern District of
California pending the Court’s resolution of the Petition.2
1 Petitioner may be interested in contacting Federal Defenders of San Diego to see if a Federal Defender
can represent Petitioner in this matter. The telephone number for Federal Defenders’ San Diego Office is
619-234-8467 (Toll Free: 888-614-9867) and the El Centro Office is 760-335-3510 (Toll Free: 877-
404-9063).
2 See Doe v. Bondi, Case No. 3:25-cv-805-BJC-JLB, 2025 WL 1870979, at *1 (S.D. Cal. June 11, 2025)
(“Federal courts retain jurisdiction to preserve the status quo while determining whether [they have]
subject matter jurisdiction over a case and while a petition is pending resolution from the court.”)
(collecting cases).
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5. The Clerk of Court shall provide the Civil Division of the U.S. Attorney’s Office
with a copy of the Petition and this Order.
It is SO ORDERED.
Dated: March 25, 2026
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