Case Name in Immigration Case - Unavailable

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26-cv-0917-AGS-BLM
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
MD Nurulhuda SHAPAN,
Petitioner,
v.
Christopher LaROSE,
Respondent.
Case No.: 26-cv-0917-AGS-BLM
ORDER GRANTING MOTION TO
APPOINT COUNSEL (ECF 7)
Self-represented petitioner MD Nurulhuda Shapan requests appointed counsel in
support of his habeas corpus petition. (See ECF 7); see also 28 U.S.C. § 2241 (habeas
corpus). Courts may appoint an attorney for an “impoverished habeas petitioner” when
“the interests of justice so require.” Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir. 1984)
(cleaned up); see also 18 U.S.C. § 3006A(a)(2)(B). In this assessment, courts evaluate an
indigent petitioner’s (a) “likelihood of success on the merits” and (b) “ability . . . to
articulate his claims pro se in light of the complexity of the legal issues involved.” Wilborn
v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). Although, at first blush, Shapan’s
likelihood of success on this petition does not look strong, the Court’s prior experience
with him and his lack of English proficiency convinces it that counsel is warranted. See
United States v. Ahumada-Aguilar, 295 F.3d 943, 950 (9th Cir. 2002) (noting that
immigration law is “second only to the Internal Revenue Code in complexity” (quotation
marks omitted)); Torres v. Barr, 976 F.3d 918, 923 (9th Cir. 2020) (“Divining [the
immigration laws’] meaning is ordinarily not for the faint of heart.”). See generally Shapan
v. Warden, 25-cv-3817-AGS-VET, ECF 12 (S.D. Cal. 2025). The Court provisionally
appoints Federal Defenders of San Diego, Inc., to initially determine if petitioner qualifies
for representation by that organization. The Clerk is directed to forward a copy of this order
to Federal Defenders.
By March 19, 2026, Federal Defenders must submit a notice to the Court concerning
whether it can and will accept the appointment. By that same date, Federal Defenders must
Case 3:26-cv-00917-AGS-BLM Document 8 Filed 03/12/26 PageID.<pageID> Page
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26-cv-0917-AGS-BLM
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also state whether, under Chief Judge Order 134, it “requests to file supplemental briefing.”
As a result, the current hearing date is vacated and will be reset once the Court hears from
counsel.
Dated: March 12, 2026
___________________________
Hon. Andrew G. Schopler
United States District Judge
Case 3:26-cv-00917-AGS-BLM Document 8 Filed 03/12/26 PageID.<pageID> Page
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