X FILED __LODGED
__RECEIVED __COPY
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2 FEBRUARY 19, 2026
3 CLERK US DISTRICT COURT
DISTRICT OF ARIZONA
4 BY s/ J.Baggs DEPUTY
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6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
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9 In the matter of
10 APPOINTMENT OF THE FEDERAL
PUBLIC DEFENDER FOR THE PURPOSE
11 OF SCREENING AND FILING PETITIONS GENERAL ORDER 26-05
FOR WRITS OF HABEAS CORPUS
12 UNDER 28 U.S.C. § 2241 ON BEHALF OF
PERSONS DETAINED IN IMMIGRATION
13 CUSTODY
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Pursuant to the provisions of the Criminal Justice Act, 18 U.S.C. § 3006A(a)(2)(B),
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and to facilitate the efficient handling of habeas corpus petitions filed under 28 U.S.C. §
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2241 on behalf of immigration detainees with final orders of removal under 8 U.S.C. §
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1231, IT IS HEREBY ORDERED:
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1. The Federal Public Defender for the District of Arizona is hereby
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provisionally appointed to represent any individual who meets the following
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criteria:
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a. The individual has contacted the Federal Public Defender seeking
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representation in connection with a habeas corpus petition.
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b. The individual is detained in the District of Arizona.
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c. The individual is detained-or there is a good-faith argument to be
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made that the individual is detained-pursuant to a final order of
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removal as defined by 8 U.S.C. § 1231.
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1 d. The individual is, or appears to be, financially eligible for
2 representation.
3 e. The individual has one or more colorable claims to relief that are
4 cognizable under 28 U.S.C. § 2241.
5 2. While provisionally appointed, the Federal Public Defender is authorized to:
6 a. determine whether filing a habeas petition is appropriate;
7 b. prepare and file any such petition and related motions or applications,
8 as deemed necessary; and
9 c. present such matters to the Court for disposition.
10 3. The filing fee for any petition prepared under the provisional appointment is
11 provisionally waived. The Federal Public Defender will submit a sworn
12 statement from the petitioner that demonstrates the petitioner's financial
13 eligibility for appointment of counsel.
14 4. When the Federal Public Defender files a petition under the provisional
15 appointment, the Court will screen the petition under 28 U.S.C. § 2243. If
16 the Court calls for a response to the petition, the Court will confirm the
17 appointment and fee waiver at that time. If the Court is not satisfied that the
18 petitioner is financially eligible for appointment of counsel, the Court may
19 relieve the Federal Public Defender, order payment of the filing fee, or
20 request additional financial information.
21 5. The Court may also appoint the Federal Public Defender to represent pro se
22 immigration detainees who are seeking relief under § 2241 who are detained
23 pursuant to a final order of removal under 8 U.S.C. § 1231. The Federal
24 Public Defender is provisionally appointed to screen these cases, seek
25 appointment of counsel when appropriate, and seek leave to file
26 supplemental briefing or an amended petition.
27 6. Nothing in this order limits the Court's authority under 18 U.S.C. §
28 3006A(a)(2) to appoint the Federal Public Defender to handle other habeas
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1 corpus cases brought by immigration detainees under § 2241 when the
2 interests of justice so require.
3 Dated this 19th day of February 2026.
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