Immigration detainee Saul R.P., representing himself pro se, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 along with a motion for a temporary restraining order. The court redacted the petitioner's full name to protect sensitive personal information, following Judicial Conference guidelines for immigration cases.
Nunley found that the complexity of the legal issues warranted appointed counsel, citing federal statute 18 U.S.C. § 3006A(a)(2)(B) and Ninth Circuit precedent. The judge ordered the appointing authority to identify counsel within seven court days and authorized non-panel attorneys to serve under the Criminal Justice Act if necessary. 'In light of the complexity of the legal issues involved, the Court has determined that the interests of justice require the appointment of counsel for Petitioner,' Nunley wrote.
The court also issued a preliminary order preventing respondents from transferring the petitioner outside the judicial district pending resolution of the habeas petition. Nunley invoked the Supreme Court's Dean Foods precedent, acknowledging the court's 'express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction.'
The judge granted the petitioner's request to proceed in forma pauperis and ordered the government to respond to the TRO motion within three court days. The case highlights ongoing tensions between federal immigration enforcement and judicial oversight of detention conditions, with the court asserting jurisdiction to prevent transfers that could moot pending constitutional challenges.