Free Add and Terminate Attorneys - District Court of California - California

Case 3:08-cv-00511-DMS-BLM

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Filed 03/21/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 MICHAEL CHERTOFF, et al., 15 Respondents. 16 17 18 19 20 21 22 23 24 25 26 27 28 On March 19, 2008, Petitioner Suihuan Cao, a detainee in the custody of the Department of Homeland Security, Bureau of Immigration and Customs Enforcement, proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, and a motion for appointment of counsel. Pursuant to 28 U.S.C. 3006A(a)(2), the district court may appoint counsel for financially eligible petitioners seeking relief under 28 U.S.C. § 2241 when the interests of justice so require. The court considers whether there is a likelihood of success on the merits of the petition and whether the unrepresented petitioner has the ability to articulate his claims in light of the complexity of the issues presented. Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). The Supreme Court has held that a post-removal detention exceeding six months is presumptively unreasonable. Zadvydas v. Davis, 533 U.S. 678, 701 (2001). Petitioner's claim that he has been detained for nine months following a removability determination, if true, triggers the -106cv1541 DMS (NLS)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

SUIHUAN CAO, Petitioner, vs.

CASE NO. 08cv0511 DMS (BLM) ORDER REQUIRING RESPONSE FROM GOVERNMENT AND GRANTING PETITIONER'S REQUEST FOR APPOINTMENT OF COUNSEL

Case 3:08-cv-00511-DMS-BLM

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Filed 03/21/2008

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Zadvydas presumption, which indicates a strong likelihood of success on the merits of a complex petition. See United States v. Ahumada-Aguilar, 295 F.3d 943, 950 (9th Cir. 2002) ("[w]ith only a small degree of hyperbole, the immigration laws have been deemed second only to the Internal revenue Code in complexity.") Accordingly, the Court grants Petitioner's motion to appoint counsel and appoints Federal Defenders, Inc. as Petitioner's counsel in this case. The United States Attorney shall file and serve a response to the petition no later than April 21, 2008. The Government's response shall include all documents relevant to the issues raised in the petition. Should Petitioner wish to reply to the Government's response, he shall do so no later than May 19, 2008. IT IS SO ORDERED.

DATED: March 21, 2008

HON. DANA M. SABRAW United States District Judge

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06cv1541 DMS (NLS)