(HC) Castro Maradiaga v. Warden et al

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
HIUVER ARMANDO CASTRO
MARADIAGA,
Petitioner,
v.
WARDEN OF GOLDEN STATE ANNEX
DETENTION FACILITY, et al.,
Respondents.
Case No. 1:25-cv-1779-DJC-JDP (P)
ORDER
Petitioner, an immigration detainee who is representing himself, filed a petition for a writ
of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner has also filed an application to proceed
in forma pauperis, ECF No. 2, and a motion for appointed counsel, ECF No. 3. The court has
conducted a preliminary review of the petition pursuant to Rule 4 of the Rules Governing Habeas
Corpus Cases Under Section 2254.1
Petitioner’s application to proceed in forma pauperis makes the required showing and is
granted. See 28 U.S.C. § 1915(a). Petitioner’s motion for the appointment of counsel, ECF
No. 3, will also be granted. In light of the complexity of the legal issues involved, the court has
1 Rule 1(b) of the Rules Governing Habeas Corpus Cases Under Section 2254 allows a
district court to apply any or all of the rules to other types of habeas corpus petitions including
§ 2241 petitions.
Case 1:25-cv-01779-DJC-JDP Document 5 Filed 12/12/25 Page 1 of 3

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determined that the interests of justice require the appointment of counsel. See 18 U.S.C.
§ 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Within seven
days of this order, the appointing authority for the Eastern District of California shall identify
counsel and send counsel’s contact information to ncannarozzi@caed.uscourts.gov, and counsel
will be added as counsel for petitioner. If counsel is not a member of the Eastern District of
California Criminal Justice Act Panel, within seven days of this Order the Federal Defender shall
file a motion to appoint counsel as CJA counsel pro hac vice.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Petitioner’s application to proceed in forma pauperis, ECF No. 2, is GRANTED.
2. Petitioner’s request for appointment of counsel, ECF No. 3, is GRANTED.
3. The Clerk of the Court shall serve a copy of this order together with a copy of
petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the Federal
Defender, Attention: Habeas Appointment.
4. Within seven days of this order, the appointing authority for the Eastern District of
California shall identify counsel and send counsel’s contact information to
ncannarozzi@caed.uscourts.gov, and counsel will be added as counsel for petitioner. If counsel
is not a member of the Eastern District of California Criminal Justice Act Panel, within seven
days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro
hac vice.
5. The Clerk of the Court shall serve a copy of this order together with a copy of
petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United
States Attorney.
6. Within seven days of petitioner’s counsel appearing, the parties shall file a joint status
report addressing any motions the parties anticipate filing and a proposed briefing schedule for
such motions.
7. Respondent shall not transfer petitioner to another detention center outside of this
judicial district, pending further order of the court.
Case 1:25-cv-01779-DJC-JDP Document 5 Filed 12/12/25 Page 2 of 3

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IT IS SO ORDERED.
Dated: December 12, 2025
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
Case 1:25-cv-01779-DJC-JDP Document 5 Filed 12/12/25 Page 3 of 3