Jose Cabrera-Cruz, an immigration detainee held at the Golden State Annex ICE Detention Facility, filed a pro se habeas corpus petition under 28 U.S.C. ยง 2241 seeking release from detention. The case comes after an immigration court found in an August 14, 2025 order "by a preponderance of the evidence that [Petitioner] is mentally incompetent to represent himself" and ordered the Executive Office for Immigration Review's National Qualified Representative Program to provide him with a qualified representative.
Judge Boone granted Cabrera-Cruz's motion for appointed counsel after reviewing both the petition and the appointment request. While acknowledging that "there currently exists no absolute right to appointment of counsel in habeas proceedings," the judge found that the Criminal Justice Act authorizes appointment when "the interests of justice so require." The judge applied the standard from Weygandt v. Look, which requires courts to "evaluate the likelihood of success on the merits as well as the ability of the petitioner to articulate his claims pro se in light of the complexity of the legal issues involved."
After reviewing the petition and motion, Judge Boone concluded that "the interests of justice require the appointment of counsel" in this case. The court's finding appears to have been influenced by the immigration court's prior determination of mental incompetence, though the judge did not elaborate on the specific factors that led to the appointment decision.
The case follows established Ninth Circuit precedent that while there is no automatic right to counsel in habeas proceedings, courts have discretion to appoint attorneys under the Criminal Justice Act. As the court noted, citing Chaney v. Lewis and Anderson v. Heinze, appointment is not guaranteed but can be ordered when justice requires it. The judge also granted Cabrera-Cruz leave to file an amended petition now that he will have legal representation.
The court set an expedited briefing schedule requiring the Federal Defender's Office to identify and file appearance for counsel within seven days. Cabrera-Cruz will then have 30 days to either file an amended petition or proceed with his original pro se filing. The government must respond within 21 days of any amended petition, and must also file all relevant transcripts and documents in electronic format with optical character recognition capability.
Immigration detention cases involving mental competency determinations present complex procedural and constitutional issues. The appointment of counsel in such cases often proves critical given the intersection of immigration law, mental health considerations, and due process protections. Judge Boone's order suggests recognition that pro se representation may be inadequate when a petitioner has been found mentally incompetent by an immigration court.
The case now moves forward with appointed counsel, potentially allowing for more sophisticated legal arguments regarding the lawfulness of Cabrera-Cruz's continued detention. The court's directive for the government to provide all relevant documents in searchable electronic format indicates preparation for thorough review of the detention circumstances and any related proceedings.