(HC) Singh Sekhon v. Warden of the Golden State Annex Detention Facility, et al.

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
SUKHJOT SINGH SEKHON,
Petitioner,
v.
WARDEN OF THE GOLDEN STATE
ANNEX DETENTION FACILITY, et al.,
Respondents.
Case No. 1.25-cv-1692-DC-JDP (P)
ORDER
Petitioner, an immigration detainee who is representing himself, filed a petition for a writ
of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner has filed an application to proceed in
forma pauperis, ECF No. 2, and a motion for the appointment of counsel, ECF No. 3.
Petitioner’s application to proceed in forma pauperis makes the required showing and is
granted. See 28 U.S.C. § 1915(a). Petitioner’s motion for the appointment of counsel, ECF No.
3, will also be granted. In light of the complexity of the legal issues involved, the court has
determined that the interests of justice require the appointment of counsel. See 18 U.S.C.
§ 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). The court will
appoint the Federal Public Defender to represent petitioner throughout the course of these
proceedings.
Case 1:25-cv-01692-JDP Document 5 Filed 12/02/25 Page 1 of 3

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The court has conducted a preliminary review of the petition pursuant to Rule 4 of the
Rules Governing Habeas Corpus Cases Under Section 2254.1 Because petitioner may be entitled
to the requested relief if the claimed violation of constitutional rights is proved, respondent will
be served with the § 2241 petition and directed to show cause why the writ should not be granted
by filing a return. See 28 U.S.C. § 2243.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Petitioner’s application to proceed in forma pauperis, ECF No. 2, is GRANTED.
2. Petitioner’s motion for the appointment of counsel, ECF No. 3, is GRANTED. The
Federal Defender is appointed to represent petitioner.
3. The Clerk of the Court shall serve a copy of this order on the Federal Defender,
Attention: Habeas Appointment.
4. The Clerk of the Court shall serve a copy of this order together with a copy of
petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United
States Attorney.
5. The parties are directed to meet and confer within three days from the date of this order
for the purpose of submitting a joint proposed briefing schedule in this case. The parties shall file
a joint proposed briefing schedule no later than seven days from the date of this order.
6. In order to ensure this court’s jurisdiction to resolve the pending § 2241 petition,
respondent shall not transfer petitioner to another detention center outside of this judicial district,
pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which
empowers the federal courts to “issue all writs necessary or appropriate in aid of their respective
jurisdictions….”); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing
that federal courts have the power to “to preserve the court’s jurisdiction or maintain the status
quo by injunction pending review of an agency’s action”).
1 Rule 1(b) of the Rules Governing Habeas Corpus Cases Under Section 2254 allows a
district court to apply any or all of the rules to other types of habeas corpus petitions, including
§ 2241 petitions.
Case 1:25-cv-01692-JDP Document 5 Filed 12/02/25 Page 2 of 3

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IT IS SO ORDERED.
Dated: December 2, 2025
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
Case 1:25-cv-01692-JDP Document 5 Filed 12/02/25 Page 3 of 3