Free Non Opposition to Motion - District Court of California - California

Case 3:08-cv-00091-WQH-NLS

Document 6

Filed 03/10/2008

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KAREN P. HEWITT United States Attorney SAMUEL W. BETTWY Assistant U.S. Attorney California State Bar No. 094918 880 Front Street, Room 6293 San Diego, California 92101-8893 Email: [email protected] Telephone: (619) 557-7119 Attorneys for the Respondents

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ACHOUR BOUGUERNE, Petitioner, v. MICHAEL CHERTOFF, Secretary of Homeland Security; et al., Respondents. ) ) ) ) ) ) ) ) ) ) ) Case No. 08cv0091-WQH (NLS) A98 950 259 GOVERNMENT'S RESPONSE IN NON-OPPOSITION TO PETITIONER'S MOTION FOR APPOINTMENT OF COUNSEL

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The Government does not oppose the motion for appointment of counsel insofar as the appointment is for representation in this case before this Court and on direct appeal(s). The scope of appointment, for purposes of funding, directly or indirectly, under the Criminal Justice Act, should not include appearances before DHS, the immigration judge or the Board of Immigration Appeals, because aliens in such forums are not entitled to representation at government expense. See 8 U.S.C. §§ 1229a(b)(4)(A), 1362; 8 C.F.R. § 1003.16. Dated: March 10, 2008 Respectfully submitted, KAREN P. HEWITT United States Attorney s/ Samuel W. Bettwy

25 26 27 28 SAMUEL W. BETTWY Assistant U.S. Attorney